Common use of Indemnification Against Expenses of Successful Party Clause in Contracts

Indemnification Against Expenses of Successful Party. Notwithstanding any other provision hereof, to the extent that the Indemnitee has been successful, on the merits or otherwise, in any Proceeding, the Company shall indemnify Indemnitee for all Litigation Costs reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection therewith. If Indemnitee is not wholly successful in such Proceeding but is successful, on the merits or otherwise, as to one or more but less than all claims, issues or matters in such Proceeding, the Company shall indemnify Indemnitee for Litigation Costs reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection with each successfully resolved claim, issue or matter. For purposes of this Agreement, the termination of any claim, issue or matter in such a Proceeding by dismissal, with or without prejudice, by reason of settlement, judgment, order or otherwise, shall be deemed to be a successful result as to such claim, issue or matter.