Common use of Indemnification of Expenses of a Party Who is Wholly or Partly Successful Clause in Contracts

Indemnification of Expenses of a Party Who is Wholly or Partly Successful. Notwithstanding any other provision of this Agreement, to the fullest extent permitted by applicable law and to the extent that Indemnitee is, by reason of Indemnitee’s Corporate Status, a party to (or a participant in) and is successful, on the merits or otherwise, in any Proceeding or in defense of any claim, issue or matter therein, in whole or in part, the Company shall indemnify Indemnitee against all Expenses actually and reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection therewith. If Indemnitee is not wholly successful in the Proceeding but is successful, on the merits or otherwise, as to one or more but less than all claims, issues or matters in the Proceeding, the Company shall indemnify Indemnitee against all Expenses actually and reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection with each successfully resolved claim, issue or matter to the fullest extent permitted by law. For purposes of this Section 2(c) and without limitation, the termination of any claim, issue or matter in a Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to that claim, issue or matter.

Indemnification of Expenses of a Party Who is Wholly or Partly Successful. Notwithstanding any other provision of this Agreement, to the fullest extent permitted by applicable law and to the extent that Indemnitee is, by reason of Indemnitee’s Corporate Status, a party to (or a participant in) and is successful, on the merits or otherwise, in any Proceeding or in defense of any claim, issue or matter therein, in whole or in part, the Company shall indemnify Indemnitee against all Expenses actually and reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection therewith. If Indemnitee is not wholly successful in the such Proceeding but is successful, on the merits or otherwise, as to one or more but less than all claims, issues or matters in the such Proceeding, the Company shall indemnify Indemnitee against all Expenses actually and reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection with each successfully resolved claim, issue or matter to the fullest extent permitted by law. For purposes of this Section 2(c1(c) and without limitation, the termination of any claim, issue or matter in such a Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to that such claim, issue or matter.

Indemnification of Expenses of a Party Who is Wholly or Partly Successful. Notwithstanding any other provision of this Agreement, to the fullest extent permitted by applicable law and to the extent that Indemnitee the Indemnified Party is, by reason of Indemnitee’s his Corporate Status, a party to (or a participant in) and is successful, on the merits or otherwise, in any Proceeding or in defense of any claimProceeding, issue or matter therein, in whole or in part, the Company he shall indemnify Indemnitee be indemnified against all Expenses actually and reasonably incurred by Indemnitee him or on Indemnitee’s his behalf in connection therewith. If Indemnitee the Indemnified Party is not wholly successful in the such Proceeding but is successful, on the merits or otherwise, as to one or more but less than all claims, issues or matters in the such Proceeding, the Company shall indemnify Indemnitee the Indemnified Party against all Expenses actually and reasonably incurred by Indemnitee him or on Indemnitee’s his behalf in connection with each successfully resolved claim, issue or matter matter, but only if and to the fullest extent permitted by lawthat the court in which such Proceedings shall have been brought or is pending shall determine that, in view of all the circumstances of the case, the Indemnified Party is fairly and reasonably entitled to indemnity for such Expenses. For the purposes of this Section 2(c) 3 and without limitation, the termination of any claim, issue or matter in such a Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to that such claim, issue or matter.

Indemnification of Expenses of a Party Who is Wholly or Partly Successful. Notwithstanding any other provision provisions of this AgreementAgreement (and in addition to, and not in limitation of, any right of Indemnitee under Section B.5), to the fullest extent permitted by applicable law and to the extent that the Indemnitee is, by reason of Indemnitee’s Corporate Status, was or is a party to (or a participant in) and is successful, on the merits or otherwise, in any Proceeding or in defense of any claim, issue or matter therein, in whole or in part, the Company shall indemnify the Indemnitee against all Expenses actually and reasonably incurred by the Indemnitee or on Indemnitee’s behalf in connection therewith. If the Indemnitee is not wholly successful in the such Proceeding but is successful, on the merits or otherwise, as to one or more but less than all claims, issues or matters in the such Proceeding, the Company shall indemnify the Indemnitee against all Expenses actually and reasonably incurred by the Indemnitee or on Indemnitee’s behalf in connection with or related to each successfully resolved claim, issue or matter to the fullest extent permitted by law. For purposes of this Section 2(c) and without limitation, the termination of any claim, issue or matter in such a Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to that such claim, issue or matter.