Common use of Limitations on Additional Indemnity Clause in Contracts

Limitations on Additional Indemnity. No indemnity pursuaxx xx Xxxxxxn 2 --------------------------------------- hereof shall be paid by Company: (a) Except to the extent the aggregate of losses to be indemnified thereunder exceeds the amount of such losses for which the Director is indemnified pursuant to Section 1 hereof or pursuant to any insurance policies or other comparable policies purchased and maintained by the Company; (b) In respect to remuneration paid to Director if it shall be finally judicially adjudged that such remuneration was in violation of law; (c) On account of any suit in which a judgment is rendered against Officer for an accounting of profits made from the purchase or sale by Director of securities of the Company pursuant to the provisions of Section 16(b) of the Securities Exchange Act of 1934, as amended or similar provisions of any state or local statutory law; (d) On account of Director's conduct which is finally judicially adjudged to have been knowingly fraudulent, deliberately dishonest or willful misconduct; (e) If it shall be finally judicially adjudged that such indemnification is not lawful.

Limitations on Additional Indemnity. No indemnity pursuaxx xx Xxxxxxn 2 --------------------------------------- hereof shall be paid by Company: (a) Except to the extent the aggregate of losses to be indemnified thereunder exceeds the amount of such losses for which the Director Officer is indemnified pursuant to Section 1 hereof or pursuant to any insurance policies or other comparable policies purchased and maintained by the Company; (b) In respect to remuneration paid to Director Officer if it shall be finally judicially adjudged that such remuneration was in violation of law; (c) On account of any suit in which a judgment is rendered against Officer for an accounting of profits made from the purchase or sale by Director Officer of securities of the Company pursuant to the provisions of Section 16(b) of the Securities Exchange Act of 1934, as amended or similar provisions of any state or local statutory law; (d) On account of DirectorOfficer's conduct which is finally judicially adjudged to have been knowingly fraudulent, deliberately dishonest or willful misconduct; (e) If it shall be finally judicially adjudged that such indemnification is not lawful.

Limitations on Additional Indemnity. No indemnity pursuaxx xx Xxxxxxn pursuant to -------------------------------------- Section 2 --------------------------------------- hereof shall be paid by Company: (a) Except to the extent the aggregate of losses to be indemnified thereunder exceeds the amount of such losses for which the Director is indemnified pursuant to Section 1 hereof or pursuant to any insurance policies or other comparable policies purchased and maintained by the Company; (b) In respect to remuneration paid to Director if it shall be finally judicially adjudged that such remuneration was in violation of law; (c) On account of any suit in which a judgment is rendered against Officer for an accounting of profits made from the purchase or sale by Director of securities of the Company pursuant to the provisions of Section 16(b) of the Securities Exchange Act of 1934, as amended or similar provisions of any state or local statutory law; (d) On account of Director's conduct which is finally judicially adjudged to have been knowingly fraudulent, deliberately dishonest or willful misconduct; (e) If it shall be finally judicially adjudged that such indemnification is not lawful.

Limitations on Additional Indemnity. No indemnity pursuaxx xx Xxxxxxn pursuant to Section 2 --------------------------------------- hereof shall be paid by the Company: (a) Except to the extent the aggregate of losses to be indemnified thereunder exceeds exceed the sum of $1,000 plus the amount of such losses for which the Director is indemnified pursuant to Section 1 hereof or pursuant to any insurance policies or other comparable policies purchased and maintained by the Company;hereof; or (b) In respect to of remuneration paid to Director if it shall be finally judicially adjudged determined by a final judgment or other final adjudication that such remuneration was in violation of law;; or (c) On account of any suit in which a judgment is rendered against Officer Director for an accounting of profits made from the purchase and sale or sale and purchase by Director of securities of the Company pursuant to the provisions of Section 16(b) of the Securities and Exchange Act of 1934, as amended 1934 and amendments thereto or similar provisions of any federal, state or local statutory law;; or (d) On account of Director's ’s conduct which is finally judicially adjudged to have been knowingly fraudulent, deliberately dishonest or willful misconduct;; or (e) If it a final decision by a court having jurisdiction in the matter shall be finally judicially adjudged determine that such indemnification is not lawful.

Limitations on Additional Indemnity. No indemnity pursuaxx xx Xxxxxxn pursuant to Section 2 --------------------------------------- hereof shall be paid by Company: (a) Except to the extent the aggregate of losses to be indemnified thereunder exceeds the amount of such losses for which the Director is indemnified pursuant to Section 1 hereof or pursuant to any insurance policies or other comparable policies purchased and maintained by the Company; (b) In respect to remuneration paid to Director if it shall be finally judicially adjudged that such remuneration was in violation of law; (c) On account of any suit in which a judgment is rendered against Officer for an accounting of profits made from the purchase or sale by Director of securities of the Company pursuant to the provisions of Section 16(b) of the Securities Exchange Act of 1934, as amended or similar provisions of any state or local statutory law; (d) On account of Director's ’s conduct which is finally judicially adjudged to have been knowingly fraudulent, deliberately dishonest or willful misconduct; (e) If it shall be finally judicially adjudged that such indemnification is not lawful. Reference in this Agreement to a matter being "finally judicially adjudged" shall mean that there shall have been a final decision by a court having jurisdiction in the matter, all appeals having been denied or not have been taken and the time therefore to have expired.

Limitations on Additional Indemnity. No indemnity pursuaxx pursuxxx xx Xxxxxxn Xxxxxon 2 --------------------------------------- ------------------------------------ hereof shall be paid by Company: (a) Except to the extent the aggregate of losses to be indemnified thereunder exceeds the amount of such losses for which the Director Officer is indemnified pursuant to Section 1 hereof or pursuant to any insurance policies or other comparable policies purchased and maintained by the Company; (b) In respect to remuneration paid to Director Officer if it shall be finally judicially adjudged that such remuneration was in violation of law; (c) On account of any suit in which a judgment is rendered against Officer for an accounting of profits made from the purchase or sale by Director Officer of securities of the Company pursuant to the provisions of Section 16(b) of the Securities Exchange Act of 1934, as amended or similar provisions of any state or local statutory law; (d) On account of DirectorOfficer's conduct which is finally judicially adjudged to have been knowingly fraudulent, deliberately dishonest or willful misconduct; (e) If it a final decision by a Court having jurisdiction in the matter (all appeals having been denied or none having been taken) shall be finally judicially adjudged determine that such indemnification is not lawful.

Limitations on Additional Indemnity. No indemnity pursuaxx xx Xxxxxxn pursuant to Section 2 --------------------------------------- hereof shall be paid by CompanyCorporation: (a) Except except to the extent the aggregate of losses to be indemnified thereunder exceeds the amount of such losses for which the Director is indemnified either pursuant to Section 1 hereof or pursuant to any insurance policies or other comparable policies D & O Insurance purchased and maintained by the CompanyCorporation; (b) In in respect to remuneration paid to Director if it shall be finally judicially adjudged determined by a final judgment or other final adjudication that such remuneration was in violation of law; (c) On on account of any suit in which a judgment is rendered against Officer Director for an accounting of profits made from the purchase or sale by Director of securities of the Company Corporation pursuant to the provisions of Section 16(b) of the Securities Exchange Act of 1934, as amended 1934 and amendments thereto or similar provisions of any federal, state or local statutory law; (d) On on account of Director's conduct which is finally judicially adjudged to have been knowingly fraudulentfraudulent or deliberately dishonest, deliberately dishonest or to constitute willful misconduct;; or (e) If it if a final decision by a court having jurisdiction in the matter shall be finally judicially adjudged determine that such indemnification is not lawful.