Common use of Indemnitee’s Success on Merits or Otherwise Clause in Contracts

Indemnitee’s Success on Merits or Otherwise. In the event that Indemnitee commences a proceeding pursuant to this Section 7 to enforce a right of Indemnitee under this Agreement, then, to the extent that Indemnitee is successful on the merits or otherwise in such proceeding, or in connection with any claim, issue or matter therein, Indemnitee shall be indemnified by the Company against Expenses actually and reasonably incurred by the Indemnitee in connection with such proceeding.

Indemnitee’s Success on Merits or Otherwise. In the event that Indemnitee commences a proceeding pursuant to this Section 7 to enforce a right of Indemnitee under this Agreement, then, to the extent that Indemnitee is successful on the merits or otherwise in such proceeding, or in connection with any claim, issue or matter therein, Indemnitee shall be indemnified by the Company Xxx Hortons against Expenses actually and reasonably incurred by the Indemnitee in connection with such proceeding.