Common use of Indemnification in Third Party Actions Clause in Contracts

Indemnification in Third Party Actions. Employer shall indemnify Executive in accordance with the provisions of this SECTION 3 if Executive is a party to or threatened to be made a party to or is otherwise involved in any Proceeding (other than a Proceeding by or in the right of Employer to procure a judgment in its favor), by reason of the fact that Executive is or was an officer and/or a director of Employer, or is or was serving at the request of Employer as a director, officer, employee or agent of another enterprise, against all Expenses, damages, judgments, amounts paid in settlement, fines, penalties and ERISA excise taxes actually and reasonably incurred by Executive in connection with the defense or settlement of such Proceeding, to the fullest extent permitted by Delaware law, whether or not Executive was the successful party in any such Proceeding; provided that any settlement shall be approved in writing by Employer.

Indemnification in Third Party Actions. Employer shall indemnify Executive in accordance with the provisions of this SECTION Section 3 if Executive is a party to or threatened to be made a party to or is otherwise involved in any Proceeding (other than a Proceeding by or in the right of Employer to procure a judgment in its favor), by reason of the fact that Executive is or was an officer and/or a director of Employer, or is or was serving at the request of Employer as a director, officer, employee or agent of another enterprise, against all Expenses, damages, judgments, amounts paid in settlement, fines, penalties and ERISA excise taxes actually and reasonably incurred by Executive in connection with the defense or settlement of such Proceeding, to the fullest extent permitted by Delaware law, Xxxxx Executive Employment Agreement whether or not Executive was the successful party in any such Proceeding; provided that any settlement shall be approved in writing by Employer.

Indemnification in Third Party Actions. Employer shall indemnify Executive in accordance with the provisions of this SECTION Section 3 if Executive is a party to or threatened to be made a party to or is otherwise involved in any Proceeding (other than a Proceeding by or in the right of Employer to procure a judgment in its favor), by reason of the fact that Executive is or was an officer and/or a director of Employer, or is or was serving at the request of Employer as a director, officer, employee or agent of another enterprise, against all Expenses, damages, judgments, amounts paid in settlement, fines, penalties and ERISA excise taxes actually and reasonably incurred by Executive in connection with the defense or settlement of such Proceeding, to the fullest extent permitted by Delaware law, Shah Executive Employment Agreement whether or not Executive was the successful party in any such Proceeding; provided that any settlement shall be approved in writing by Employer.