Common use of Limitation with Respect to Company Actions Clause in Contracts

Limitation with Respect to Company Actions. Notwithstanding the foregoing, the Company shall not indemnify and hold harmless Indemnitee with respect to any Losses (as opposed to Expenses) in connection with or arising from any Company Action. Furthermore, the Company shall not indemnify and hold harmless Indemnitee with respect to any Expenses in connection with or arising from any Company Action as to which the Indemnitee shall have been finally adjudged to be liable to the Company by a court of competent jurisdiction due to Indemnitee's willful misconduct of a culpable nature in the performance of the Indemnitee's duties to the Company, unless, and then only to extent that, any court in which such Company Action was brought shall determine upon application that, despite the adjudication of liability, but in view of all the circumstances of the case, the Indemnitee is fairly and reasonably entitled to Expenses for such indemnification as such court shall deem proper.

Limitation with Respect to Company Actions. Notwithstanding the foregoing, the Company shall not indemnify and hold harmless Indemnitee Indemnitees with respect to any Losses (as opposed to Expenses) in connection with or arising from any Company Action. Furthermore, the Company shall not indemnify and hold harmless Indemnitee Indemnitees with respect to any Expenses in connection with or arising from any Company Action as to which the Indemnitee Indemnitees shall have been finally adjudged to be liable to the Company by a court of competent jurisdiction due to Indemnitee's Indemnitees’ willful misconduct of a culpable nature in the performance of the Indemnitee's Indemnitees’ duties to the Company, unless, and then only to extent that, any court in which such Company Action was brought shall determine upon application that, despite the adjudication of liability, but in view of all the circumstances of the case, the Indemnitee Indemnitees is fairly and reasonably entitled to Expenses for such indemnification as such court shall deem proper.

Limitation with Respect to Company Actions. Notwithstanding any other provision of this Agreement to the foregoingcontrary, the Company shall not indemnify and hold harmless Indemnitee with respect to any Losses (as opposed to Expenses) in connection with or arising from any Company Action. Furthermore, the Company shall not indemnify and hold harmless Indemnitee with respect to any Expenses in connection with or arising from any Company Action as to which the Indemnitee shall have been finally adjudged to be liable to the Company in a non-appealable judgment by a court of competent jurisdiction due to Indemnitee's willful misconduct of a culpable nature in the performance of the Indemnitee's duties to the Company, unless, and then only to extent that, any court of competent jurisdiction in which such Company Action was brought shall determine upon application that, despite the adjudication of liability, but in view of all of the circumstances of the case, the Indemnitee Xxxxxxxxxx is fairly and reasonably entitled to Expenses indemnification for such indemnification Expenses as such court shall deem proper.

Limitation with Respect to Company Actions. Notwithstanding any other provision of this Agreement to the foregoingcontrary, the Company shall not indemnify and hold harmless Indemnitee with respect to any Losses (as opposed to Expenses) in connection with or arising from any Company Action. Furthermore, the Company shall not indemnify and hold harmless Indemnitee with respect to any Expenses in connection with or arising from any Company Action as to which the Indemnitee shall have been finally adjudged to be liable to the Company in a non-appealable judgment by a court of competent jurisdiction due to Indemnitee's willful misconduct of a culpable nature in the performance of the Indemnitee's duties to the Company, unless, and then only to extent that, any court of competent jurisdiction in which such Company Action was brought shall determine upon application that, despite the adjudication of liability, but in view of all of the circumstances of the case, the Indemnitee is fairly and reasonably entitled to Expenses indemnification for such indemnification Expenses as such court shall deem proper.