Common use of Liability Insurance and Funding Clause in Contracts

Liability Insurance and Funding. For the duration of Indemnitee's service as a Director and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunder, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' and officers' liability insurance providing coverage for Directors and officers of the Company either that (a) is at least substantially comparable in scope and amount to that provided by the Company's current policies of directors' and officers' liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000). The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materials. In all policies of directors' and officers' liability obtained by the Company, Indemnitee shall be named as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors most favorably insured by such policy.

Liability Insurance and Funding. For the duration of Indemnitee's service as a Director director and/or officer of the Company, and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunderIndemnifiable Claim, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' and officers' liability insurance providing coverage for Directors directors and officers of the Company either that (a) is at least substantially comparable compatible in scope and amount to that provided by the Company's current policies of directors' and officers' liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000). The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materialsinsurance. In all policies of directors' and officers' liability insurance obtained by the Company, Indemnitee shall be named covered as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors directors and officers most favorably insured by such policy. Upon request, the Company will provide to Indemnitee copies of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materials.

Liability Insurance and Funding. For the duration of Indemnitee's ’s service as a Director director and/or officer of the Company, and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunderIndemnifiable Claim, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' ’ and officers' ’ liability insurance providing coverage for Directors directors and officers of the Company either that (a) is at least substantially comparable compatible in scope and amount to that provided by the Company's ’s current policies of directors' ’ and officers' ’ liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000). The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materialsinsurance. In all policies of directors' ’ and officers' ’ liability insurance obtained by the Company, Indemnitee shall be named as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors ’s directors and officers most favorably insured by such policy. Upon request, the Company will provide to Indemnitee copies of all directors’ and officers’ liability insurance applications, binders, policies, declarations, endorsements and other related materials.

Liability Insurance and Funding. For the duration of Indemnitee's service as a Director director and/or officer of the Company, and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunderIndemnifiable Claim, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' and officers' liability insurance providing coverage for Directors directors and officers of the Company either that (a) is at least substantially comparable compatible in scope and amount to that provided by the Company's current policies of directors' and officers' liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000). The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materialsinsurance. In all policies of directors' and officers' liability insurance obtained by the Company, Indemnitee shall be named as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors directors and officers most favorably insured by such policy. Upon request, the Company will provide to Indemnitee copies of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materials.

Liability Insurance and Funding. For the duration of Indemnitee's ’s service as a Director director and/or officer of the Company, and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunderIndemnifiable Claim, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' ’ and officers' ’ liability insurance providing coverage for Directors directors and officers of the Company either that (a) is at least substantially comparable compatible in scope and amount to that provided by the Company's ’s current policies of directors' ’ and officers' ’ liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000). The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materialsinsurance. In all policies of directors' ’ and officers' ’ liability insurance obtained by the Company, Indemnitee shall be named covered as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors ’s directors and officers most favorably insured by such policy. Upon request, the Company will provide to Indemnitee copies of all directors’ and officers’ liability insurance applications, binders, policies, declarations, endorsements and other related materials.

Liability Insurance and Funding. For the duration of Indemnitee's ’s service as a Director director and thereafter for six (6) years following the termination of Indemnitee’s service as a director (but in any event for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunder), the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' ’ and officers' ’ liability insurance providing coverage for Directors directors and officers of the Company either that (a) is at least substantially comparable in scope and amount to that provided by the Company's ’s current policies of directors' ’ and officers' ’ liability insurance or (b) the annual premium cost of which is at least One Million Dollars ($1,000,000)650,000. The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' ’ and officers' ’ liability insurance applications, binders, policies, declarations, endorsements and other related materials. In all All policies of directors' ’ and officers' ’ liability insurance obtained by the Company, shall name Indemnitee shall be named as an insured in such a manner as to and shall provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors ’s directors most favorably insured by such policy.

Liability Insurance and Funding. For the duration of Indemnitee's ’s service as a Director director and/or officer of the Company, and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunderIndemnifiable Claim, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' ’ and officers' ’ liability insurance providing coverage for Directors and directors and/or officers of the Company either that (a) is at least substantially comparable compatible in scope and amount to that provided by the Company's ’s current policies of directors' ’ and officers' ’ liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000). The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materialsinsurance. In all policies of directors' ’ and officers' ’ liability insurance obtained by the Company, Indemnitee shall be named as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors ’s directors and officers most favorably insured by such policy. Upon request, the Company will provide to Indemnitee copies of all directors’ and officers’ liability insurance applications, binders, policies, declarations, endorsements and other related materials. The Company may, but shall not be required to, create a trust fund, grant a security interest or use other means, including without limitation a letter of credit, to ensure the payment of such amounts as may be necessary to satisfy its obligations to indemnify and advance expenses pursuant to this Agreement.

Liability Insurance and Funding. For the duration of Indemnitee's service as a Director or an officer and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunder, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' and officers' liability insurance providing coverage for Directors and officers of the Company either that (a) is at least substantially comparable in scope and amount to that provided by the Company's current policies of directors' and officers' liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000). The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materials. In all policies of directors' and officers' liability obtained by the Company, Indemnitee shall be named as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors most favorably insured by such policy.

Liability Insurance and Funding. For the duration of Indemnitee's ’s service as a Director and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunder, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' ’ and officers' ’ liability insurance providing coverage for Directors and officers of the Company either that (a) is at least substantially comparable in scope and amount to that provided by the Company's ’s current policies of directors' ’ and officers' ’ liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000)as much as that paid for the Company’s current policies of directors’ and liability insurance. The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' ’ and officers' ’ liability insurance applications, binders, policies, declarations, endorsements and other related materials. In all policies of directors' ’ and officers' ’ liability obtained by the Company, Indemnitee shall be named as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's ’s Directors most favorably insured by such policy.