Common use of Indemnity for Actions By or In the Right of the Company Clause in Contracts

Indemnity for Actions By or In the Right of the Company. The Company does hereby indemnify each Covered Person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the Company to procure a judgment in its favor by reason of the fact that he or she is or was a Member, Affiliate, manager, Board Member, Officer, employee or agent of the Company, or is or was serving at the request of the Company as a director, manager, officer, employee or agent of another limited-liability company, corporation, partnership, joint venture, trust or other enterprise against expenses, including amounts paid in settlement and attorneys' fees actually and reasonably incurred by him or her in connection with the defense or settlement of the action or suit, if he or she acted in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of the Company. Indemnification may not be made for any claim, issue or matter as to which such Covered Person has been adjudged by a court of competent jurisdiction, after exhaustion of all appeals therefrom, to be liable to the Company or for amounts paid in settlement to the Company, unless and only to the extent that the court in which the action or suit was brought or other court of competent jurisdiction determines upon application that, in view of all the circumstances of the case, he or she is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.

Indemnity for Actions By or In the Right of the Company. The This Company does hereby indemnify each Covered Person any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the this Company to procure a judgment in its favor by reason of the fact that he or she the person is or was a Member, Affiliatemember of the Executive Committee, manager, Board Member, Officeran officer, employee or agent of the this Company, or is or was serving at the request of the this Company as a directorMember, managermember of the Executive Committee, officer, employee or agent of another limited-limited liability company, corporation, partnership, joint venture, trust or other enterprise against expenses, including amounts paid in settlement and attorneys' fees actually and reasonably incurred by him or her the person in connection with the defense or settlement of the action actions or suit, suit if he or she the person acted in good faith and in a manner which he or she the person reasonably believed to be in or not opposed to the best interests of the this Company. Indemnification may not be made for any claim, issue or matter as to which such Covered Person a person has been adjudged by a court of competent jurisdiction, after exhaustion of all appeals therefrom, to be liable to the this Company or for amounts paid in settlement to the this Company, unless and only to the extent that the court in which the action or suit was brought brought, or other court of competent jurisdiction jurisdiction, determines upon application that, that in view of all the circumstances of the case, he or she the person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.

Indemnity for Actions By or In the Right of the Company. The Subject to the provisions of SECTION 10.3, the Company does hereby shall, to the fullest extent permitted by law, indemnify each Covered any Person who was or is a party or is threatened to be made a party to any threatened, pending or completed action action, suit or suit proceeding by or in the right of the Company to procure a judgment in its favor by reason of the fact that he or she the Person is or was a Member, Affiliate, manager, a Board Member, Officer, employee Representative or an agent of the Company, or is or was serving at the request of the Company as a director, managerexecutive, officer, employee or agent of another limited-liability companyenterprise, corporation, partnership, joint venture, trust or other enterprise against expenses, including amounts paid in settlement and attorneys' fees actually and reasonably incurred by him or her the Person in connection with the defense or settlement of the action action, suit or suit, proceeding if he or she the Person acted in good faith and in a manner which he or she that the Person reasonably believed to be in or not opposed to the best interests of the Company. Indemnification may not be made for any claim, issue or matter as to which such Covered Person has been adjudged by a court of competent jurisdiction, after exhaustion of all appeals therefrom, to be liable to the Company or for amounts paid in settlement to the Company, unless and only to the extent that the court in which the action or suit was brought or other court of competent jurisdiction determines upon application that, that in view of all the circumstances of the case, he or she the Person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.

Indemnity for Actions By or In the Right of the Company. The This Company does hereby indemnify each Covered Person any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the this Company to procure a judgment in its favor by reason of the fact that he or she is or was a Member, Affiliate, manager, Board Member, OfficerManager, employee or agent of the this Company, or is or was serving at the request of the this Company as a Member, Manager, director, manager, officer, employee or agent of another limited-limited liability company, corporation, partnership, joint venture, trust or other enterprise against expenses, subject to the provisions of Section 13.04, including amounts paid in settlement and attorneys' fees actually and reasonably incurred by him or her in connection with the defense or settlement of the action actions or suit, suit if he or she acted in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of the this Company. Indemnification may not be made for any claim, issue or matter as to which such Covered Person a person has been adjudged by a court of competent jurisdiction, after exhaustion of all appeals therefrom, to be liable to the this Company or for amounts paid in settlement to the this Company, unless and only to the extent that the court in which the action or suit was brought or other court of competent jurisdiction determines upon application that, that in view of all the circumstances of the case, he or she the person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.

Indemnity for Actions By or In the Right of the Company. The Company does hereby indemnify each Covered Person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the Company to procure a judgment in its favor by reason of the fact that he or she such Covered Person is or was a Member, Affiliate, manager, Board Member, Officerofficer, employee or agent of the Company, or is or was serving at the request of the Company as a directormember, manager, officer, employee or agent of another limited-limited liability company, corporation, partnership, joint venture, trust or other enterprise against expenses, including amounts paid in settlement and attorneys' ’ fees actually and reasonably incurred by him or her such Covered Person in connection with the defense or settlement of the action or suit, suit if he or she such Covered Person acted in good faith and in a manner which he or she such Covered Person reasonably believed to be in or not opposed to the best interests of the Company. Indemnification may not be made for any claim, issue or matter as to which such a Covered Person has been adjudged by a court of competent jurisdiction, after exhaustion of all appeals therefrom, to be liable to the Company or for amounts paid in settlement to the Company, unless and only to the extent that the court in which the action or suit was brought or other court of competent jurisdiction determines upon application that, that in view of all the circumstances of the case, he or she such Covered Person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.