Common use of Indemnification of Related Parties Clause in Contracts

Indemnification of Related Parties. To the extent that Indemnitee is serving on the Board at the direction of any stockholder of the Company who, pursuant to the Certificate of Incorporation or contractual arrangement, shall have the right to elect or appoint Indemnitee to the Board (an “Appointing Stockholder”), the Company shall indemnify and hold harmless such Appointing Stockholder from any threatened, pending or completed action or proceeding, whether civil, criminal, administrative or investigative, arising solely by reason of the fact that Appointing Stockholder has the ability to appoint or elect Indemnitee to the Board, provided however, that (i) any such indemnification shall be subject to the same limitations as set forth in Section 1 or otherwise herein; and (ii) no such indemnification shall be available to any Appointing Stockholder in the event that Indemnitee shall not be entitled to indemnification in the same or any related action or proceeding. The terms of this Agreement as they relate to procedures for indemnification of Indemnitee shall apply to any such indemnification of Appointing Stockholder.

Indemnification of Related Parties. To the extent that Indemnitee is serving on the Board at the direction of any stockholder of the Company who, pursuant to the Certificate of Incorporation or contractual arrangement, shall have the right to elect or appoint Indemnitee to the Board (an “Appointing Stockholder”), the Company shall indemnify and hold harmless such Appointing Stockholder from any threatened, pending or completed action or proceeding, whether civil, criminal, administrative or investigative, arising solely by reason of the fact that Appointing Stockholder has the ability to appoint or elect Indemnitee to the Board, provided however, that (i) any such indemnification shall be subject to the same limitations as set forth in Section 1 or otherwise herein; and (ii) no such indemnification shall be available to any Appointing Stockholder in the event that Indemnitee shall not be entitled to indemnification in the same or any related action or proceeding. The terms of this Agreement as they relate to procedures for indemnification of Indemnitee shall apply to any such indemnification of Appointing Stockholder.. Execution Copy

Indemnification of Related Parties. To the extent that Indemnitee is serving on the Board of Directors at the direction of any stockholder of the Company who, pursuant to the Certificate of Incorporation or contractual arrangement, shall have the right to elect or appoint Indemnitee to the Board of Directors (an “Appointing Stockholder”), the Company shall indemnify and hold harmless such Appointing Stockholder from any threatened, pending or completed action or proceeding, whether civil, criminal, administrative or investigative, arising solely by reason of the fact that Appointing Stockholder has the ability to appoint or elect Indemnitee to the BoardBoard of Directors, provided however, that (i) any such indemnification shall be subject to the same limitations as set forth in Section 1 or otherwise herein; and (ii) no such indemnification shall be available to any Appointing Stockholder in the event that Indemnitee shall not be entitled to indemnification in the same or any related action or proceeding. The terms of this Agreement as they relate to procedures for indemnification of Indemnitee shall apply to any such indemnification of Appointing Stockholder.

Indemnification of Related Parties. To the extent that Indemnitee is serving on the Board of Directors at the direction of any stockholder of the Company who, pursuant to the Certificate of Incorporation Charter Documents or contractual arrangement, shall have the right to elect or appoint Indemnitee to the Board of Directors (collectively with all of such stockholder’s affiliated general partner or managing member entities, investment funds and related persons, an “Appointing Stockholder”), the Company shall shall, subject to the terms of Section 10 herein, indemnify and hold harmless such Appointing Stockholder from any threatened, pending or completed action or proceeding, whether civil, criminal, administrative or investigative, arising solely by reason of the fact that Appointing Stockholder has the ability to appoint or elect Indemnitee to the BoardBoard of Directors; provided, provided however, that (i) any such indemnification shall be subject to the same limitations as set forth in Section 1 or otherwise herein; herein and (ii) no such indemnification shall be available to any Appointing Stockholder in the event that Indemnitee shall not be entitled to indemnification in the same or any related action or proceeding. The terms of this Agreement as they relate to procedures for indemnification of Indemnitee shall apply to any such indemnification of Appointing Stockholder.

Indemnification of Related Parties. To the extent that the Indemnitee is serving was nominated to serve on the Board of Directors at the direction of any a stockholder of the Company who(collectively with its affiliated general partner and related persons, pursuant to the Certificate of Incorporation or contractual arrangement, shall have the right to elect or appoint Indemnitee to the Board (an “Appointing Stockholder”)) pursuant to the terms of an agreement between the Company and such Appointing Stockholder, the Company shall shall, subject to the terms of Section 10 herein, indemnify and hold harmless such Appointing Stockholder from any threatened, pending or completed action or proceedingProceeding, whether civil, criminal, administrative or investigative, arising solely by reason of the fact that Appointing Stockholder has caused, or has the ability to appoint or elect cause, the Company to nominate the Indemnitee to the BoardBoard of Directors; provided, provided however, that (i) any such indemnification shall be subject to the same limitations as set forth in Section 1 or otherwise herein; herein and (ii) no such indemnification shall be available to any Appointing Stockholder in the event that Indemnitee shall not be entitled to indemnification in the same or any related action or proceedingProceeding. The terms of this Agreement as they relate to procedures for indemnification of Indemnitee shall apply to any such indemnification of Appointing Stockholder.