Common use of Indemnification by the Selling Stockholders Clause in Contracts

Indemnification by the Selling Stockholders. In connection with any registration statement in which a Selling Stockholder is participating, such Selling Stockholder will furnish to the Company in writing such customary information with respect to such Selling Stockholder as the Company reasonably requests for use in connection with any such registration statement, prospectus or preliminary prospectus or any amendment thereof or supplement thereto and agrees to indemnify, to the extent permitted by law, the Company, its directors, employees, agents, officers, and each Person who controls the Company (within the meaning of the Act) against all losses, claims, damages, liabilities and expenses arising out of or based on any untrue or allegedly untrue statement of a material fact contained in any registration statement, prospectus or preliminary prospectus or any amendment thereof or supplement thereto or any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, to the extent, but only to the extent, that such untrue statement or omission is caused by or contained in any information which such Selling Stockholder furnished in writing to the Company expressly for use therein or by such Selling Stockholder's failure to deliver to a purchaser of securities a copy of the registration statement, prospectus, or preliminary prospectus or any amendments thereof or supplements thereto at a time when such Selling Stockholder is required by the Act to do so after the Company has furnished such Selling Stockholder with a sufficient number of copies of the same. In no event shall the liability of such Selling Stockholder hereunder be greater in amount than the dollar amount of the net proceeds received by such Selling Stockholder upon the sale of the Registrable Common Stock giving rise to such indemnification obligation.

Indemnification by the Selling Stockholders. In connection with any registration statement in which a The Selling Stockholder is participating, such Selling Stockholder will furnish Stockholders agree to indemnify and hold harmless the Company in writing such customary information with respect to such Selling Stockholder as the Company reasonably requests for use in connection with any such registration statement, prospectus or preliminary prospectus or any amendment thereof or supplement thereto and agrees to indemnify, to the extent permitted by law, the CompanyUnderwriter, its directorsaffiliates, employees, agents, officers, directors and officers and each Person person, if any, who controls the Company (Underwriter within the meaning of Section 15 of the Act or Section 20 of the Exchange Act) , from and against all any losses, claims, damagesdamages or liabilities, joint or several, to which the Underwriter may become subject, under the Act or otherwise (including in settlement of any litigation if such settlement is effected with the written consent of the Company), insofar as such losses, claims, damages or liabilities and expenses arising (or actions in respect thereof) arise out of or are based upon (i) an untrue statement or alleged untrue statement of a material fact contained in the Registration Statement, including the 430B Information and any other information deemed to be a part of the Registration Statement at the time of effectiveness and at any subsequent time pursuant to the Rules and Regulations, if applicable, or arise out of or are based on any the omission or alleged omission to state therein a material fact required to be stated thereon or necessary in order to make the statements therein not misleading, (ii) an untrue statement or allegedly alleged untrue statement of a material fact contained in any registration statementPreliminary Prospectus, prospectus or preliminary prospectus the Time of Sale Disclosure Package, the Prospectus, or any amendment thereof or supplement thereto thereto, any issuer free writing prospectus, or any issuer information that the Company has filed or is required to file pursuant to Rule 433(d) of the Rules and Regulations, or arise out of or are based on the omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and will reimburse the Underwriter for any legal or other expenses reasonably incurred by it in connection with investigating or defending against such loss, claim, damage, liability or action as such expenses are incurred; provided, however, that the Company will not be liable in any such case to the extentextent that any such loss, but only to the extentclaim, that such damage, liability or action arises out of or is based upon an untrue statement or alleged untrue statement or omission is caused by or contained alleged omission made in any reliance upon and in conformity with written information which such Selling Stockholder furnished in writing to the Company expressly by the Underwriter, or by the Underwriter through Akerman LLP, specifically for use therein or in the preparation thereof; it being understood and agreed that the only information furnished by such Selling Stockholder's failure to deliver to a purchaser of securities a copy the Underwriter consists of the registration statement, prospectus, or preliminary prospectus or any amendments thereof or supplements thereto at a time when information described as such Selling Stockholder is required by the Act to do so after the Company has furnished such Selling Stockholder with a sufficient number of copies of the same. In no event shall the liability of such Selling Stockholder hereunder be greater in amount than the dollar amount of the net proceeds received by such Selling Stockholder upon the sale of the Registrable Common Stock giving rise to such indemnification obligationSection 7(f).

Indemnification by the Selling Stockholders. In connection with any registration statement in which a Selling Stockholder is participating, such Selling Stockholder will furnish to the Company in writing such customary information with respect to such Selling Stockholder as the Company reasonably requests for use in connection with any such registration statement, prospectus or preliminary prospectus or any amendment thereof or supplement thereto and agrees to indemnify, to the extent permitted by law, the Company, its directors, employees, agents, officers, and each Person person who controls the Company (within the meaning of the Act) against all losses, claims, damages, liabilities and expenses arising out of or based on any untrue or allegedly untrue statement of a material fact contained in any registration statement, prospectus or preliminary prospectus or any amendment thereof or supplement thereto or any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, to the extent, but only to the extent, that such untrue statement or omission is caused by or contained in any information which such Selling Stockholder furnished in writing to the Company expressly for use therein or by such Selling Stockholder's failure to deliver to a purchaser of securities a copy of the registration statement, prospectus, or preliminary prospectus or any amendments thereof or supplements thereto at a time when such Selling Stockholder is required by the Act to do so after the Company has furnished such Selling Stockholder with a sufficient number of copies of the same. In no event shall the liability of such Selling Stockholder hereunder be greater in amount than the dollar amount of the net proceeds received by such Selling Stockholder upon the sale of the Registrable Common Stock giving rise to such indemnification obligation.

Indemnification by the Selling Stockholders. In connection with any registration statement in which a Each Selling Stockholder is participatingagrees, such Selling Stockholder will furnish severally but not jointly, to the Company in writing such customary information with respect to such Selling Stockholder as the Company reasonably requests for use in connection with any such registration statement, prospectus or preliminary prospectus or any amendment thereof or supplement thereto indemnify and agrees to indemnifyhold harmless, to the fullest extent permitted by law, the Company, its directors, officers, employees, agents, officers, stockholders and each Person person who controls the Company (within the meaning of the Act0000 Xxx) against all any losses, claims, damages, liabilities and expenses arising out of or based on expense (including reasonable attorney fees) resulting from (i) any untrue or allegedly untrue statement of a material fact contained or any omission of a material fact required to be stated in any registration statement, prospectus the Registration Statement or Prospectus or preliminary prospectus Prospectus or any amendment thereof or supplement thereto or any Blue Sky Application or necessary to make the statements therein not misleading, to the extent, but only to the extent that such untrue statement or omission is contained in any information furnished in writing by such Selling Stockholder (in such Selling Stockholder's capacity as a holder of Registered Securities, and not in his capacity as an officer of the Company) to the Company specifically for inclusion in such Registration Statement or Prospectus or amendment or supplement thereto, or (ii) the omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein, in therein not misleading; (iii) any violation by the light Selling Stockholder or its agents of any rule or regulation promulgated under the 1933 Act applicable to the Selling Stockholder or its agents and relating to action or inaction required of the circumstances under which they were made, not misleading, to the extent, but only to the extent, that such untrue statement or omission is caused by or contained in any information which such Selling Stockholder furnished in writing to the Company expressly for use therein or by connection with such Selling Stockholder's failure to deliver to a purchaser of securities a copy of the registration statement, prospectus, or preliminary prospectus or any amendments thereof or supplements thereto at a time when such Selling Stockholder is required by the Act to do so after the Company has furnished such Selling Stockholder with a sufficient number of copies of the sameregistration. In no event shall the liability of such a Selling Stockholder hereunder be greater in amount than the dollar amount of the proceeds (net proceeds of all expense paid by such Selling Stockholder in connection with any claim relating to this Section 7 and the amount of any damages such Selling Stockholder has otherwise been required to pay by reason of such untrue statement or omission) received by such Selling Stockholder upon the sale of the Registrable Common Stock Securities included in the Registration Statement giving rise to such indemnification obligation. In addition, a Selling Stockholder shall not be liable hereunder to the extent that any such loss, claim, damage, liability (or action or proceeding in respect thereof) or expense arises out of the Company's, or any underwriter's, or their representatives' failure to send or give a copy of a final Prospectus, as the same may be then supplemented or amended, to the person or entity asserting an untrue statement or alleged untrue statement or omission or alleged omission at or prior to the written confirmation of the sale of securities to such person or entity if such statement or omission was corrected in such final Prospectus.