Common use of Indemnitee as Plaintiff Clause in Contracts

Indemnitee as Plaintiff. Except as provided in Section 10 of this Agreement and in the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts or Advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Corporation, any Entity that it controls, any director or officer thereof, or any third party, unless the Corporation has consented to the initiation of such Proceeding. This Section shall not apply to affirmative defenses asserted by Indemnitee in an action brought against Indemnitee. In connection with any Proceeding in which the Corporation made payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to such Proceeding, any amounts recovered by the Indemnitee in such Proceeding shall be held in trust for the benefit of the Corporation and paid over to the Corporation as soon as reasonably practical.

Indemnitee as Plaintiff. Except as provided in Section 10 of this Agreement and in the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts or Advancement advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the CorporationCompany, any Entity that which it controls, any director or officer thereof, or any third party, unless the Corporation Company has consented to the initiation of such Proceeding. This Section shall not apply to affirmative defenses asserted by Indemnitee in an action brought against Indemnitee. In connection with any Proceeding in which the Corporation Company made payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to such Proceeding, any amounts recovered by the Indemnitee in such Proceeding shall be held in trust for the benefit of the Corporation Company and paid over to the Corporation Company as soon as reasonably practical.