Common use of Extent of Indemnification Clause in Contracts

Extent of Indemnification. In addition to the indemnification otherwise provided by law, the Company shall indemnify and hold harmless its Managers and Indemnified Officers (as hereinafter defined) against all liability and litigation expense, including reasonable attorneys’ fees, arising out of their status as Managers or officers, or in their activities in any of the foregoing capacities. The Company shall also and to the same extent indemnify its Managers and Indemnified Officers from activities in any capacity in which they are or were serving at the Company’s request, in another company, partnership, joint venture, trust or other enterprise; provided, however, that the Company shall not indemnify a Manager or Indemnified Officer against liability or litigation expense that he may incur on account of his activities which at the time taken were known or believed by him to be clearly in conflict with the best interests of the Company. The Company shall also indemnify the Managers or Indemnified Officers for reasonable costs, expenses and attorneys’ fees in connection with the enforcement of rights to indemnification granted herein, if it is determined in accordance with Section 9.3 of this Article that the Manager or Indemnified Officer is entitled to indemnification hereunder.

Extent of Indemnification. In addition to the indemnification otherwise provided by law, the Company shall indemnify and hold harmless its Managers and Indemnified Officers (as hereinafter defined) against all liability and litigation expense, including reasonable attorneys’ fees, arising out of their status as Managers managers or officers, or in their activities in any of the foregoing capacities. The Company shall also and to the same extent indemnify its Managers and Indemnified Officers from activities in any capacity in which they are or were serving at the Company’s request, in another company, partnership, joint venture, trust or other enterprise; provided, however, that the Company shall not indemnify a Manager or Indemnified Officer against liability or litigation expense that he may incur on account of his activities which at the time taken were known or believed by him to be clearly in conflict with the best interests of the Company. The Company shall also indemnify the Managers or Indemnified Officers for reasonable costs, expenses and attorneys’ fees in connection with the enforcement of rights to indemnification granted herein, if it is determined in accordance with Section 9.3 of this Article that the Manager or Indemnified Officer is entitled to indemnification hereunder.