Insurance and Self Insurance. The Company shall not be required to maintain D&O Insurance in effect if and to the extent that such insurance is not reasonably available or if, in the reasonable business judgment of the Board, either (a) the premium cost of such insurance is disproportionate to the amount of coverage, or (b) the coverage provided by such insurance is so limited by exclusions that there is insufficient benefit from such insurance. To the extent the Company determines not to maintain D&O Insurance, the Company shall be deemed to be self-insured within the meaning of Section 1701.13(E)(7) of the Statute and shall, in addition to the Director's other rights hereunder, provide protection to the Director similar to that which otherwise would have been available to the Director under such insurance.
Appears in 4 contracts
Samples: Indemnification Agreement (Developers Diversified Realty Corp), Indemnification Agreement (Cleveland Indians Baseball Co Inc), Indemnification Agreement (Cardinal Health Inc)
Insurance and Self Insurance. The Company shall not be required to maintain D&O Insurance in effect if and to the extent that such insurance is not reasonably available or if, in the reasonable business judgment of the Board, either (a) the premium cost of such insurance is disproportionate to the amount of coverage, or (b) the coverage provided by such insurance is so limited by exclusions that there is insufficient benefit from such insurance. To the extent the Company determines not to maintain D&O Insurance, the Company shall be deemed to be self-insured within the meaning of Section 1701.13(E)(7) of the Statute and shall, in addition to the DirectorOfficer's other rights hereunder, provide protection to the Director Officer similar to that which otherwise would have been available to the Director Officer under such insurance.
Appears in 3 contracts
Samples: Indemnification Agreement (Cleveland Indians Baseball Co Inc), Indemnification Agreement (Cardinal Health Inc), Indemnification Agreement (Cardinal Health Inc)
Insurance and Self Insurance. The Company shall not be required to maintain D&O Insurance in effect if and to the extent that such insurance is not reasonably available or if, in the reasonable business judgment of the BoardBoard of Directors, either (a) the premium cost of such insurance is disproportionate to the amount of coverage, or (b) the coverage provided by such insurance is so limited by exclusions that there is insufficient benefit from such insurance. To the extent the Company determines not to maintain D&O Insurance, the Company shall be deemed to be self-insured within the meaning of Section 1701.13(E)(7) of the Statute and shall, in addition to the Director's Executive’s other rights hereunder, provide protection to the Director Executive similar to that which otherwise would have been available to the Director Executive under such insurance.
Appears in 2 contracts
Samples: Indemnification Agreement (Stoneridge Inc), Indemnification Agreement (Stoneridge Inc)
Insurance and Self Insurance. The Company shall not be required to maintain D&O Insurance in effect if and to the extent that such insurance is not reasonably available or if, in the reasonable business judgment of the Board, either (a) the premium cost of such insurance is disproportionate to the amount of coverage, or (b) the coverage provided by such insurance is so limited by exclusions that there is insufficient benefit from such insurance. To the extent the Company determines not to maintain D&O Insurance, the Company shall be deemed to be self-insured within the meaning of Section 1701.13(E)(7) of the Statute and shall, in addition to the Director's ’s other rights hereunder, provide protection to the Director similar to that which otherwise would have been available to the Director under such insurance.
Appears in 1 contract
Samples: Indemnification Agreement (Keithley Instruments Inc)
Insurance and Self Insurance. The Company shall not be required to maintain D&O Insurance in effect if and to the extent that such insurance is not reasonably available or if, in the reasonable business judgment of the BoardBoard of Directors, either (a) the premium cost of such insurance is disproportionate to the amount of coverage, or (b) the coverage provided by such insurance is so limited by exclusions that there is insufficient benefit from such insurance. To the extent the Company determines not to maintain D&O Insurance, the Company shall be deemed to be self-insured within the meaning of Section 1701.13(E)(7) of the Statute and shall, in addition to the Director's Employee’s other rights hereunder, provide protection to the Director Employee similar to that which otherwise would have been available to the Director Employee under such insurance.
Appears in 1 contract
Insurance and Self Insurance. The Company shall not be required to maintain D&O Insurance in effect if and to the extent that such insurance is not reasonably available or if, in the reasonable business judgment of the Board, either (a) the premium cost of such insurance is disproportionate to the amount of coverage, or (b) the coverage provided by such insurance is so limited by exclusions that there is insufficient benefit from such insurance. To the extent the Company determines not to maintain D&O Insurance, the Company shall be deemed to be self-insured within the meaning of Section 1701.13(E)(7) of the Statute and shall, in addition to the Director's Officer’s other rights hereunder, provide protection to the Director Officer similar to that which otherwise would have been available to the Director Officer under such insurance.
Appears in 1 contract
Samples: Indemnification Agreement (Keithley Instruments Inc)