Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the other provisions of this Agreement, to the extent that the Indemnitee has served on behalf of the Company as a witness or other participant in any claim, action or proceeding, or has been successful, on the merits or otherwise, in defense of any action, suit or proceeding referred to in Sections 3 and 4 hereof, or in defense of any claim, issue or matter therein, including, but not limited to, the dismissal of any action without prejudice, he shall be indemnified against all costs, charges and expenses (including court costs and attorneys' fees) actually and reasonably incurred by him in connection therewith.
Appears in 12 contracts
Samples: Agreement of Indemnification of Directors (Waste Recovery Inc), Agreement of Indemnification of Directors (Waste Recovery Inc), Agreement of Indemnification of Directors (Waste Recovery Inc)
Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the other provisions of this Agreement, to the extent that the Indemnitee has served as a witness on behalf of the Company as a witness or other participant in any claim, action or proceeding, or has been successful, on the merits or otherwise, in defense of any action, suit or proceeding referred to in Sections 2 and 3 and 4 hereof, or in defense of any claim, issue or matter therein, including, but not limited towithout limitation, the dismissal of any action without prejudice, he shall be indemnified against all costs, charges and expenses (including court costs and attorneys' attorney's fees) actually and reasonably incurred by him in connection therewith.
Appears in 5 contracts
Samples: Agreement (Aavid Thermal Technologies Inc), Agreement (Aavid Thermal Technologies Inc), Agreement (Aavid Thermal Technologies Inc)
Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the other provisions of this AgreementAgreement and in addition to the rights to indemnification set forth in Sections 3 and 4 hereof, to the extent that the Indemnitee has served as a witness on behalf of the Company as a witness or other participant in any claim, action or proceeding, or has been successful, successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any action, suit or proceeding referred to in Sections 3 and 4 hereof, or in defense of any claim, issue or matter therein, including, but not limited to, the dismissal of any action without prejudice, he shall be indemnified against all costs, charges and expenses (including court costs and attorneys' fees) actually and reasonably incurred by him or on his behalf in connection therewith.
Appears in 5 contracts
Samples: Indemnification Agreement (Tonix Pharmaceuticals Holding Corp.), Indemnification Agreement (Triangle Petroleum Corp), Indemnification Agreement (24/7 Media Inc)