Common use of Indemnification and Liability Insurance Clause in Contracts

Indemnification and Liability Insurance. Nothing herein is intended to limit Alamosa's indemnification of Employee, and Alamosa shall indemnify him to the fullest extent permitted by applicable law consistent with Alamosa's Certificate of Incorporation and By-Laws as in effect on the date of this Agreement, with respect to any action or failure to act on his part while he is (x) an officer, director or employee of Alamosa or any Subsidiary or Affiliate or (y) a director or officer of any trade association or business enterprise that is not a subsidiary or Affiliate and in which capacity his service is at Alamosa's request. To the extent that directors' and officers' liability insurance is obtainable on commercially economic terms, Alamosa shall cause Employee to be covered, during the Term and after the Term in respect of claims arising from any such service during the Term, by such insurance on terms no less favorable than the directors' and officers' liability insurance maintained by Alamosa as in effect on the date of this Agreement in terms of coverage, limits and reimbursement of defense costs. In any period during which such insurance coverage is not obtainable on commercially economic terms, Alamosa shall cause Employee to be covered by as much of such insurance as may be obtained for the largest premium paid by Alamosa for such an insurance policy in effect during the Term.

Appears in 10 contracts

Samples: Employment Agreement (Alamosa Holdings Inc), Employment Agreement (Alamosa Holdings Inc), Employment Agreement (Alamosa Holdings Inc)

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Indemnification and Liability Insurance. Nothing herein is intended to limit AlamosaTerex's indemnification of EmployeeXxXxx, and Alamosa Terex shall indemnify him to the fullest extent permitted by applicable law consistent with AlamosaTerex's Certificate of Incorporation and By-Laws as in effect on the date of this Agreement, with respect to any action or failure to act on his part while he is (x) an officer, director or employee of Alamosa Terex or any Subsidiary or Affiliate or (y) a director or officer of any trade association or business enterprise that is not a subsidiary or Affiliate and in which capacity his service is at AlamosaTerex's request. To the extent that directors' and officers' liability insurance is obtainable on commercially economic terms, Alamosa Terex shall cause Employee XxXxx to be covered, during the Term and after the Term in respect of claims arising from any such service during the Term, by such insurance on terms no less favorable than the directors' and officers' liability insurance maintained by Alamosa Terex as in effect on the date of this Agreement in terms of coverage, limits and reimbursement of defense costs. In any period during which such insurance coverage is not obtainable on commercially economic terms, Alamosa Terex shall cause Employee XxXxx to be covered by as much of such insurance as may be obtained for the largest premium paid by Alamosa Terex for such an insurance policy in effect during the Term.

Appears in 3 contracts

Samples: Employment and Compensation Agreement (Terex Corp), Employment and Compensation Agreement (Terex Corp), Employment and Compensation Agreement (Terex Corp)

Indemnification and Liability Insurance. Nothing herein is intended to limit Alamosa's indemnification of Employee, and Alamosa shall indemnify him her to the fullest extent permitted by applicable law consistent with Alamosa's Certificate of Incorporation and By-Laws as in effect on the date of this Agreement, with respect to any action or failure to act on his her part while he she is (x) an officer, director or employee of Alamosa or any Subsidiary or Affiliate or (y) a director or officer of any trade association or business enterprise that is not a subsidiary or Affiliate and in which capacity his her service is at Alamosa's request. To the extent that directors' and officers' liability insurance is obtainable on commercially economic terms, Alamosa shall cause Employee to be covered, during the Term and after the Term in respect of claims arising from any such service during the Term, by such insurance on terms no less favorable than the directors' and officers' liability insurance maintained by Alamosa as in effect on the date of this Agreement in terms of coverage, limits and reimbursement of defense costs. In any period during which such insurance coverage is not obtainable on commercially economic terms, Alamosa shall cause Employee to be covered by as much of such insurance as may be obtained for the largest premium paid by Alamosa for such an insurance policy in effect during the Term.

Appears in 2 contracts

Samples: Employment Agreement (Alamosa Holdings Inc), Employment Agreement (Alamosa Holdings Inc)

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Indemnification and Liability Insurance. Nothing herein is intended to limit AlamosaTerex's indemnification of EmployeeDeFeo, and Alamosa Terex shall indemnify xxxxmnify him to the fullest extent permitted by applicable law consistent with AlamosaTerex's Certificate of Incorporation and By-Laws as in effect on the date of this Agreement, with respect to any action or failure to act on his part while he is (x) an officer, director or employee of Alamosa Terex or any Subsidiary or Affiliate or (y) a director or officer of any trade association or business enterprise that is not a subsidiary or Affiliate and in which capacity his service is at AlamosaTerex's request. To the extent that directors' and officers' liability insurance is obtainable on commercially economic terms, Alamosa Terex shall cause Employee DeFeo to be covered, during xxxxxg the Term and after the Term in respect of claims arising from any such service during the Term, by such insurance on terms no less favorable than the directors' and officers' liability insurance maintained by Alamosa Terex as in effect on the date of this Agreement in terms of coverage, limits and reimbursement of defense costs. In any period during which such insurance coverage is not obtainable on commercially economic terms, Alamosa Terex shall cause Employee DeFeo to be covered by as much xx xxch of such insurance as may be obtained for the largest premium paid by Alamosa Terex for such an insurance policy in effect during the Term.

Appears in 1 contract

Samples: Employment and Compensation Agreement (Terex Corp)

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