Common use of Mutual Acknowledgement Clause in Contracts

Mutual Acknowledgement. Each of the Company and Indemnitee acknowledges that in certain instances, Federal law or applicable public policy may prohibit the Company from providing indemnification under this Agreement or otherwise. In particular, the Company and Indemnitee acknowledge that the Securities and Exchange Commission believes that indemnification for liabilities arising under the Federal securities laws is against public policy and, therefore, is unenforceable. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination regarding the Company’s right, in view of such public policy considerations, to indemnify Indemnitee.

Mutual Acknowledgement. Each of the Company and Indemnitee acknowledges that in certain instances, Federal law or applicable public policy may prohibit the Company from providing indemnification under this Agreement or otherwise. In particular, the Company and Indemnitee acknowledge that the Securities and Exchange Commission believes that indemnification for liabilities arising under the Federal securities laws is against public policy and, therefore, is unenforceable. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination regarding the Company’s 's right, in view of such public policy considerations, to indemnify Indemnitee.