Intent of Section. The intent of this Section 7.6 is to provide for indemnification and advancement of expenses to the same extent (except as specifically altered herein) as that which would apply under Section 145 of the DGCL as if the Company were a Delaware corporation, and it is the intent of the parties hereto that this Section 7.6 be construed in such a manner. To the extent that Section 145 of the DGCL or any successor section thereto may be amended or supplemented from time to time after the date of this Agreement, this Section 7.6 shall be deemed amended automatically and construed so as to permit indemnification and advancement of expenses to the fullest extent from time to time permitted by Section 145 of the DGCL or such successor section thereto, so long as such amendment is permitted under the Delaware LLC Act; provided, however, that no such amendment shall alter any provision of this Section 7.6 that limits indemnification or advancement of expenses based on who commences the applicable action, suit or proceeding. Unless required by law, any amendment or supplement to Section 145 of the DGCL or Section 18-108 of the Delaware LLC Act or any successor section thereto or to this Section
Intent of Section. To the extent that Section 18-108 of the Act or any successor section thereto may be amended or supplemented from time to time, this Section 8.2(a) shall be deemed amended automatically and construed so as to permit indemnification and advancement of expenses to the fullest extent consistent herewith and from time to time permitted by law. Any amendment, modification, supplement or repeal of Section 18-108 of the Act or any successor section thereto or of this Section 8.2 shall not adversely affect any right or protection of, or apply to or have any effect on the liability or alleged liability of, any officer, employee, or agent (in such capacity) of the Company for or with respect to acts or omissions of such Person occurring prior to such amendment, modification, supplement or repeal. For the avoidance of doubt, an Officer (in his or her capacity as such) shall have rights of indemnification and advancement under this Section 8.2(b) and not under Section 8.1(b). With respect to Members or their Affiliates acting as Officers or agents of the Company, the intent of this Section 8.2(b) is to provide for indemnification only in their capacity as Officers or agents of the Company, and not with respect to (A) the performance of their covenants and other obligations under this Agreement as a Covered EC Member, Covered Person or otherwise or (B) the performance of their covenants and other obligations to the Company or any Member under any other Transaction Agreement.
Intent of Section. The intent of this Section 14.1 is to provide for indemnification and advancement of expenses to the same extent that would apply under Section 145 of the DGCL as if the Company were a Delaware corporation, provided such indemnification also is permitted by Section 18-108 of the Delaware Act. To the extent that Section 145 of the DGCL or Section 18-108 of the Delaware Act or any successor section thereto may be amended or supplemented from time to time, this Article XIV shall be deemed amended automatically and construed so as to permit indemnification and advancement of expenses to the fullest extent from time to time permitted by law. Any amendment or supplement to Section 145 of the DGCL or Section 18-108 of the Delaware Act or any successor section thereto or to this Article XIV shall not adversely affect any right or protection of any Manager, officer, employee or agent of the Company with respect to acts or omissions of such Person occurring prior to such amendment or supplement.
Intent of Section. The intent of this Article 10 is to provide for indemnification and advancement of expenses to the fullest extent that would be permitted by the Act if the Company were a Texas corporation. To the extent that the Act or any successor sections thereto may be amended or supplemented from time to time, this Article shall be amended automatically and construed so as to permit indemnification and advancement of expenses to the fullest extent from time to time permitted by law.
Intent of Section. The intent of this Section is to ensure that a process is in place for Certen to track and promptly correct any performance deviation in respect of the Services.
Intent of Section. The intent of this Section is to provide for indemnification and advancement of expenses to the fullest extent that would be permitted by Section 145 if the Company were a Delaware corporation, provided such indemnification also is permitted by Section 8. To the extent that Section 145 or Section 8 or any successor section thereto may be amended or supplemented from time to time, this Article shall be amended automatically and construed so as to permit indemnification and advancement of expenses to the fullest extent from time to time permitted by law.
