In Advance of Final Disposition. Except as provided in Section 7.3.2, reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Company in advance of the final disposition of the proceeding upon receipt by the Company of (a) a written affirmation by the Indemnitee of the Indemnitee’s good faith belief that the standard of conduct necessary for indemnification by the Company as authorized in this Section 7.6 has been met and (b) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.
Appears in 4 contracts
Samples: Lease Agreement (Skechers Usa Inc), Development Management Agreement (Skechers Usa Inc), Development Management Agreement (Skechers Usa Inc)
In Advance of Final Disposition. Except as provided in Section 7.3.2, reasonable Reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Company Partnership in advance of the final disposition of the proceeding upon receipt by the Company Partnership of (a) a written affirmation by the Indemnitee of the Indemnitee’s 's good faith belief that the standard of conduct necessary for indemnification by the Company Partnership as authorized in this Section 7.6 7.7 has been met met, and (b) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.
Appears in 4 contracts
Samples: Baron Capital Trust, Hub Group Inc, Baron Capital Trust
In Advance of Final Disposition. Except as provided in Section 7.3.27.13, reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Company Partnership in advance of the final disposition of the proceeding upon receipt by the Company Partnership of (a) a written affirmation by the Indemnitee of the Indemnitee’s 's good faith belief that the standard of conduct necessary for indemnification by the Company Partnership as authorized in this Section 7.6 7.8 has been met met, and (b) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has was not been met.
Appears in 2 contracts
Samples: Public Storage Properties Xi Inc, Public Storage Properties Xi Inc
In Advance of Final Disposition. Except as provided in Section 7.3.2, reasonable Reasonable expenses incurred by an each Indemnitee who is a party to a proceeding may be paid or reimbursed by the Company in advance of the final disposition of the proceeding upon receipt by the Company of (ai) a written affirmation by the such Indemnitee of the Indemnitee’s good faith belief that the standard of conduct necessary for indemnification by the Company as authorized in this Section 7.6 7.7 has been met and (bii) a written undertaking by or on behalf of the such Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.
Appears in 1 contract
Samples: Fourth Amended And (Developers Diversified Realty Corp)
In Advance of Final Disposition. Except as provided in Section 7.3.2, reasonable Reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Company Partnership in advance of the final disposition of the proceeding upon receipt by the Company Partnership of (ai) a written affirmation by the Indemnitee of the Indemnitee’s 's good faith belief that the standard of conduct necessary for indemnification by the Company Partnership as authorized in this Section 7.6 7.7 has been met and (bii) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.
Appears in 1 contract
Samples: Security Capital Atlantic Inc
In Advance of Final Disposition. Except as provided in Section 7.3.2, reasonable Reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Company Partnership in advance of the final disposition of the proceeding upon receipt by the Company Partnership of (ai) a written affirmation by the Indemnitee of the Indemnitee’s 's good faith belief that the standard of conduct necessary for indemnification by the Company Partnership as authorized in this Section 7.6 SECTION 7.7 has been met met, and (bii) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.
Appears in 1 contract
Samples: Rodamco North America N V