Common use of Mandatory Payment of Expenses Clause in Contracts

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 8 hereof, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 1(a) of this Agreement, or in defense of any claims, issue or matter herein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his behalf) in connection therewith. If Indemnitee is not wholly successful in any proceeding referred to in Section 1(a) of this Agreement, but is successful on the merits or otherwise (including dismissal without prejudice) as to one or more, but less than all claims, issues or matters therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his behalf) in connection with each successfully resolved claim, issue or matter. For purposes of this Section 1(c), and without limitation, the termination of any claim, issue or matter in any proceeding referred to in Section 1 of this Agreement by dismissal, with or without prejudice, shall be deemed to be a successful result as to such claim, issue or matter.

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement Deed other than Section 8 9 hereof, to the fullest extent permitted by applicable law and to the extent that Indemnitee was a party to (or participant in) and has been successful on the merits or otherwise otherwise, including the dismissal of an action without prejudice, in defense defence of any proceeding referred to in Section 1(a) of this Agreement, or in defense of any claims, issue or matter herein, including dismissal without prejudiceClaim, Indemnitee shall be indemnified Indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his behalf) in connection therewith. If Indemnitee is not wholly successful in any proceeding referred to in Section 1(a) of this Agreement, such Claim but is successful successful, on the merits or otherwise (including dismissal without prejudice) otherwise, as to one or more, more but less than all claims, issues or matters thereinin such Claim, including dismissal without prejudice, the Company shall Indemnify Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his behalf) behalf in connection with or related to each successfully resolved claim, issue or mattermatter to the fullest extent permitted by applicable law. For purposes of this Section 1(c), and without limitation, the termination of any claim, issue or matter in any proceeding referred to in Section 1 of this Agreement such a Claim by dismissal, with or without prejudice, motion for summary judgment, settlement (with or without court approval), by acquittal, or upon a plea of nolo contendere or its equivalent, shall be deemed to be a successful result as to such claim, issue or matter.

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 8 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 1(a) of this Agreement, or in Section 1(b) or the defense of any claimsclaim, issue or matter herein, including dismissal without prejudicetherein, Indemnitee shall be indemnified to the maximum extent permitted by law, as such may be amended from time to time, against all Expenses expenses (including attorneys’ fees) actually and reasonably incurred by Indemnitee (or on his behalf) Indemnitee’s behalf in connection therewith. If Indemnitee is not wholly successful in any proceeding referred to in Section 1(a) of this Agreement, such Proceeding but is successful successful, on the merits or otherwise (including dismissal without prejudice) otherwise, as to one or more, more but less than all claims, issues or matters thereinin such Proceeding, including dismissal without prejudice, the Company shall indemnify Indemnitee shall be indemnified against all Expenses expenses (including attorney’s fees) actually and reasonably incurred by Indemnitee (or on his behalf) Indemnitee’s behalf in connection with each successfully resolved claim, issue or matter. For purposes of this Section 1(c), ) and without limitation, the termination of any claim, issue or matter in any proceeding referred to in Section 1 of this Agreement such a Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to such claim, issue or matter.

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 8 hereof, to To the extent that Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 1(aSubsection (a) or (b) of this Agreement, Section 1 or in the defense of any claimsclaim, issue or matter herein, including dismissal without prejudicetherein, Indemnitee shall be indemnified against all Expenses expenses (including attorneys’ fees) actually and reasonably incurred by Indemnitee (or on his behalf) in connection therewith. If Indemnitee is not wholly successful in any proceeding referred to in Section 1(a) of this Agreement, such Proceeding but is successful successful, on the merits or otherwise (including dismissal without prejudice) otherwise, as to one or more, more but less than all claims, issues or matters thereinin such Proceeding, including dismissal without prejudice, the Company shall indemnify Indemnitee shall be indemnified against (a) all Expenses expenses actually and reasonably incurred by Indemnitee (him or on his behalf) behalf in connection with each successfully resolved claim, issue or matter and (b) any claim, issue or matter related to any such successfully resolved claim, issue or matter. For purposes of this Section 1(c), and without limitation, the termination of any claim, issue or matter in any proceeding referred to in Section 1 of this Agreement such Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to such claim, issue or matter.