Interim Expenses. The Company agrees to pay Indemnifiable Expenses incurred by Indemnitee in connection with any Indemnifiable Litigation in advance of the final disposition thereof, provided that the Company has received an undertaking by or on behalf of Indemnitee, substantially in the form attached hereto as Exhibit A, to repay the amount so advanced to the extent that it is ultimately determined that Indemnitee is not entitled to be indemnified by the Company under this Agreement or otherwise. The advances to be made hereunder shall be paid by the Company to Indemnitee within twenty (20) days following delivery of a written request therefor by Indemnitee to the Company.
Interim Expenses. The Company agrees to pay Indemnifiable Expenses incurred by Indemnitee in connection with any Indemnifiable Litigation on a current basis, in advance of the final disposition thereof, provided that the Company has received an undertaking by or on behalf of Indemnitee, substantially in the form attached hereto as Exhibit A, to repay the amount so advanced to the extent that it is ultimately determined by court order or judgment from which no further right of appeal exists, that Indemnitee is not entitled to be indemnified by the Company under this Agreement or otherwise.
Interim Expenses. Expenses (including attorneys’ fees) incurred by the Indemnitee in connection with any Proceeding shall be paid by the Company in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of the Indemnitee to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company hereunder. The advances shall be paid by the Company to or on behalf of the Indemnitee within ten (10) days following delivery of a written request for an advance by the Indemnitee to the Company. “Expenses” means all attorneys’ fees and expenses, retainers, court costs, transcript costs, duplicating costs, fees of experts, fees of witnesses, travel expenses, printing and binding costs, telephone charges, postage and delivery fees, service fees, all other costs and expenses of the types customarily incurred in connection with prosecuting, defending, preparing to prosecute or defend, investigating or being or preparing to be a witness in a Proceeding and, in the event the Indemnitee is not receiving payment full-time as an employee of the company, per diem payments to the Indemnitee for each day spent by the Indemnitee in connection with prosecuting, defending, preparing to prosecute or defend, investigating or being or preparing to be a witness in a Proceeding in an amount equal to (a) in the case of former employees that had employment agreements with the Company, the last annual salary payable under the employment agreement between the Company and the Indemnitee divided by 365 and (b) in the case of all other Indemnitees that are former employees not described in clause (a) and directors, $150,000 divided by 365 and includes any fees, costs and expenses incurred in complying with requests of the Company or the Board of Directors under Section 7 or establishing and enforcing a right to indemnification under this Agreement
Interim Expenses. Customers are entitled to reasonable interim expenses resulting from delayed bags. (For clarification purposes, please note that baggage accepted and carried subject to space availability on the aircraft is not guaranteed a delivery time and, as a result, is never a delayed bag for purposes of this provision.) Customers must present receipts for all reasonable expense reimbursements incurred. Reasonable expenses generally are $75 per day for the first few days the bag is delayed. These guidelines for reasonable expenses are NOT daily limits or a cap and additional expenses may be incurred; in such a case, the additional expenses will be handled on an individual basis up to the limits of liability stated within this Contract of Carriage. If the delayed bag becomes a claim for which monetary compensation is appropriate in accordance with this Contract, interim expenses advanced for the initial delay will be deducted from the claim’s settlement total. Interim expenses are not available as an additional remedy for bags which are lost or damaged and for which such a claim is reported and processed, without regard to whether the claim results in compensation in accordance with this Contract.
Interim Expenses. 7.1 The Company shall advance Interim Expenses incurred by Indemnitee. By signing below, Indemnitee hereby undertakes to repay any amounts advanced pursuant to this Section 7.1 if it is ultimately determined by a court of competent jurisdiction that Indemnitee is not entitled to indemnification pursuant to this Agreement. To obtain payment of Interim Expenses under this Agreement, Indemnitee shall submit to the Company a written request for payment, together with such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to such advancement. Indemnitee must also furnish to the Company a written affirmation of his good faith belief that:
(a) he has conducted himself in good faith and that he reasonably believed that
(1) in the case of conduct in his Corporate Status, that his conduct was in the Company’s or such Subsidiary’s best interests;
(2) in all other cases, his conduct was at least not opposed to the Company’s or such Subsidiary’s best interests; and
(3) in the case of any criminal proceeding, he had no reasonable cause to believe his conduct was unlawful, or
(b) the Proceeding involves conduct for which liability has been eliminated under a provision of the applicable certificate of incorporation, as authorized by applicable law.
7.2 Payment of Interim Expenses shall be made without regard to Indemnitee’s ability to repay the advance and without regard to Indemnitee’s ultimate entitlement to indemnification under the provisions of this Agreement. Indemnitee’s obligation to repay the Company for advances shall be unsecured and no interest shall be charged thereon. Requests for payment of Interim Expenses in accordance with Section 7.1 shall be paid by the Company no later than thirty (30) days following any such request.
Interim Expenses. The Company agrees to pay Indemnifiable Expenses incurred by Indemnitee in connection with any Indemnifiable Litigation in advance of the final disposition thereof, provided, however, the Indemnitee shall repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that the Indemnitee is not entitled to be indemnified by the Company as authorized hereby or otherwise. The advances to be made hereunder shall be paid by the Company to the Indemnitee within ten (10) days following delivery of a written request therefor by the Member to the Company.
Interim Expenses. Customers whose bags are delayed are entitled to interim expenses which are reasonable, actual, and verifiable, subject to the maximum limits for which Cape Air is liable under this Contract of Carriage. (For clarification purposes, please note that baggage accepted and carried subject to space availability on the aircraft is not guaranteed a delivery time and, as a result, is never a delayed bag for purposes of this provision.) Customers must present receipts for all reasonable expense reimbursements incurred.. If the delayed bag becomes a claim for which monetary compensation is appropriate in accordance with this Contract, interim expenses advanced for the initial delay will be deducted from the claim’s settlement total. Interim expenses are not available as an additional remedy for bags which are lost or damaged and for which such a claim is reported and processed, without regard to whether the claim results in compensation in accordance with this Contract.
Interim Expenses. Expenses (including attorneys' fees) incurred by Indemnitee in defending any civil, criminal, administrative, or investigative action, suit or proceeding for which Indemnitee may be entitled to indemnification hereunder shall be paid by the Company in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of Indemnitee to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company hereunder. "Expenses" means all attorneys' fees and expenses, retainers, court costs, transcript costs, duplicating costs, fees of experts, fees of witnesses, travel expenses, printing and binding costs, telephone charges, postage and delivery fees, service fees, all other costs and expenses of the types customarily incurred in connection with prosecuting, defending, preparing to prosecute or defend, investigating or being or preparing to be a witness in a Proceeding, and in the event the Indemnitee is not receiving payment full-time as an employee of the company, and per diem payments to Indemnitee in an amount equal to the last annual salary payable under any employment agreement between the Company and Indemnitee divided by 365 for each day spent by Indemnitee in connection with prosecuting, defending, preparing to prosecute or defend, investigating or being or preparing to be a witness in a Proceeding.
Interim Expenses. 7.1 The Company shall advance Interim Expenses incurred by Indemnitee. By signing below, Indemnitee hereby undertakes to repay any amounts advanced pursuant to this Section 7.1 if it is ultimately determined by a court of competent jurisdiction that Indemnitee is not entitled to indemnification pursuant to this Agreement. To obtain payment of Interim Expenses under this Agreement, Indemnitee shall submit to the Company a written request for payment, together with such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to such advancement. Indemnitee must also furnish to the Company a written affirmation of his good faith belief that:
(a) he has conducted himself in good faith and that he reasonably believed that
Interim Expenses. Pursuant to the Corporation's Articles of Incorporation, the Bylaws and O.C.G.A. ss. 14-2-856, the Corporation agrees to pay for or reimburse all reasonable expenses (including attorneys' fees and expenses) incurred by Indemnitee in connection with any Indemnifiable Litigation in advance of the final disposition thereof and without requiring security ("Interim Expenses"); provided, however, that:
(a) Affirmation. Indemnitee furnishes the Corporation a written affirmation of his good faith belief that with respect to the subject matter of the Indemnifiable Litigation, he is entitled to indemnity pursuant to this Agreement;
