Independent Determination. Any indemnification required by this Section, unless ordered or expressly permitted by a court, shall be made by the indemnifying party only upon a determination by independent legal counsel or arbitrator mutually agreeable to the parties hereto in a written opinion that the conduct which is the subject of the claim, demand, lawsuit, action or proceeding with respect to which indemnification is sought meets the applicable standard set forth herein.
Appears in 7 contracts
Samples: Management, LLC Advisory Agreement, Management, LLC Advisory Agreement, Management, LLC Advisory Agreement
