Common use of Expenses of Adjudication Clause in Contracts

Expenses of Adjudication. In the event that the Indemnitee, pursuant to this Section 8, seeks a judicial adjudication or an award in arbitration to enforce the Indemnitee's rights under, or to recover damages for breach of, this Agreement, the Indemnitee will be entitled to recover from the Company, and will be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in Section 1(g) of this Agreement) actually and reasonably incurred by the Indemnitee in such adjudication or arbitration, but only if the Indemnitee prevails therein. If it is determined in such adjudication or arbitration that the Indemnitee is entitled to receive part but not all of the indemnification or advancement of Expenses sought, the expenses incurred by the Indemnitee in connection with such adjudication or arbitration will be appropriately pro-rated.