Common use of Indemnification for Losses and Expenses Clause in Contracts

Indemnification for Losses and Expenses. OF A PARTY WHO IS WHOLLY OR PARTLY SUCCESSFUL. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of (a) his Corporate Status or (b) anything done or not done by Indemnitee in any such capacity, a party to and is wholly successful, on the merits or otherwise, in any Proceeding, he shall be indemnified against all Losses and Expenses actually and reasonably incurred by him or on his 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 Corporation shall indemnify Indemnitee to the maximum extent permitted by law against all Losses and Expenses actually and reasonably incurred by him or on his behalf in connection with each successfully resolved claim, issue or matter. In any review or Proceeding to determine the extent of indemnification, the Corporation shall bear the burden of proving any lack of success and which amounts sought in indemnity are allocable to claims, issue or matters which were not successfully resolved. For purposes of this Section 5 and without limitation, the termination of any claim, issue or matter in such a Proceeding by dismissal or withdrawal with or without prejudice, shall be deemed to be a successful result as to such claims, issue or matter.

Indemnification for Losses and Expenses. OF A PARTY WHO IS WHOLLY OR PARTLY SUCCESSFUL. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of (a) his Corporate Status or (b) anything done or not done by Indemnitee in any such capacity, a party to and is has been wholly successful, successful on the merits or otherwise, otherwise in any ProceedingProceeding referred to in Sections 3, he 4 or 5 hereof on any claim, issue or matter therein, Indemnitee shall be indemnified against all Losses and Expenses actually and reasonably incurred by him Indemnitee or on his 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 proceedingProceeding, the Corporation shall Company and CHS/Community Health Systems, Inc. jointly and severally agree to indemnify Indemnitee to the maximum extent permitted by law against all Losses and Expenses actually and reasonably incurred by him or on his behalf Indemnitee in connection with each successfully resolved claim, issue or matter. In any review or Proceeding to determine the extent of indemnification, the Corporation Company shall bear the burden of proving any lack of success and which amounts sought in indemnity are allocable to claims, issue issues or matters which were not successfully resolved. For purposes of this Section 5 and without limitation, the termination of any such claim, issue or matter in such a Proceeding by dismissal or withdrawal with or without prejudice, prejudice shall be deemed to be a successful result resolution as to such claimsclaim, issue or matter.

Indemnification for Losses and Expenses. OF A PARTY WHO IS WHOLLY OR PARTLY SUCCESSFUL. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of (a) his Corporate Status or (b) anything done or not done by Indemnitee in any such capacity, a party to and is has been wholly successful, successful on the merits or otherwise, otherwise in any ProceedingProceeding referred to in Sections 3, he 4 or 5 hereof on any claim, issue or matter therein, Indemnitee shall be indemnified against all Losses and Expenses actually and reasonably incurred by him Indemnitee or on his 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 proceedingProceeding, the Corporation shall Company and the Subsidiaries jointly and severally agree to indemnify Indemnitee to the maximum extent permitted by law against all Losses and Expenses actually and reasonably incurred by him or on his behalf Indemnitee in connection with each successfully resolved claim, issue or matter. In any review or Proceeding to determine the extent of indemnification, the Corporation Company shall bear the burden of proving any lack of success and which amounts sought in indemnity are allocable to claims, issue issues or matters which were not successfully resolved. For purposes of this Section 5 and without limitation, the termination of any such claim, issue or matter in such a Proceeding by dismissal or withdrawal with or without prejudice, prejudice shall be deemed to be a successful result resolution as to such claimsclaim, issue or matter.