Common use of Non-exclusivity, Etc Clause in Contracts

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Charter, the Bylaws or the Maryland General Corporation Law (the "MGCL") or otherwise; provided, however, that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder, and provided, further, that to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter or the Bylaws the effect of which would be to deny, diminish or encumber Indenmitee's right to indemnification under the Charter, the Bylaws, the MGCL or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may be.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Charter, the Bylaws or the Maryland General Corporation Law (the "“MGCL"”) or otherwise; provided, however, that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder, and provided, further, that to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter or the Bylaws the effect of which would be to deny, diminish or encumber Indenmitee's ’s right to indemnification under the Charter, the Bylaws, the MGCL or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may be.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the CharterConstituent Documents, the Bylaws or the Maryland General Corporation Law substantive laws of the Company's jurisdiction of incorporation, any other contract or otherwise (the collectively, "MGCLOther Indemnity Provisions") or otherwise); provided, however, that (i) to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereofOther Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder, hereunder and provided, further, that (ii) to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws any Other Indemnity Provision which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to any of the Charter or the Bylaws Constituent Documents the effect of which would be to deny, diminish or encumber IndenmiteeIndemnitee's right to indemnification under the Charter, the Bylaws, the MGCL this Agreement or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may beOther Indemnity Provision.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Charter, the Bylaws or the Maryland General Corporation Law (the "“MGCL"”) or otherwise; provided, however, that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder, and provided, further, that to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter or the Bylaws the effect of which would be to deny, diminish or encumber Indenmitee's ’s right to indemnification under the Charter, the Bylaws, the MGCL theMGCL or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's ’s Board of Directors and/or its stockholders, as the case may be.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Charter, the Bylaws or the Maryland General Corporation Law (the "“MGCL"”) or otherwise; provided, however, that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder, and provided, further, that to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter or the Bylaws the effect of which would be to deny, diminish or encumber Indenmitee's ’s right to indemnification under the Charter, the Bylaws, the MGCL or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's ’s Board of Directors and/or its stockholders, as the case may be.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the CharterConstituent Documents, the Bylaws or the Maryland General Corporation Law substantive laws of the Company's jurisdiction of incorporation, any other contract or otherwise (the collectively, "MGCLOther Indemnity Provisions") or otherwise); providedPROVIDED, howeverHOWEVER, that (i) to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereofOther Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder, hereunder and provided, further, that (ii) to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws any Other Indemnity Provision which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to any of the Charter or the Bylaws Constituent Documents the effect of which would be to deny, diminish or encumber IndenmiteeIndemnitee's right to indemnification under the Charter, the Bylaws, the MGCL this Agreement or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may beOther Indemnity Provision.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the CharterConstituent Documents, the Bylaws or the Maryland General Corporation Law substantive laws of the Company’s jurisdiction of incorporation, any other contract or otherwise (the "MGCL") or otherwisecollectively, “Other Indemnity Provisions”); provided, however, that (i) to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereofOther Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder, hereunder and provided, further, that (ii) to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws any Other Indemnity Provision which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to any of the Charter or the Bylaws Constituent Documents the effect of which would be to deny, diminish or encumber Indenmitee's Indemnitee’s right to indemnification under the Charter, the Bylaws, the MGCL this Agreement or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may beOther Indemnity Provision.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the CharterArticles, the Bylaws Bylaws, or the Maryland General Corporation Law (the "MGCL") or otherwise; provided, however, that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter Articles or Bylaws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder; and, and provided, provided further, that to the extent that any change is made to the MGCL Maryland General Corporation Law (whether by legislative action or judicial decision), the Charter Articles, and/or the Bylaws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter Articles or the Bylaws the effect of which would be to deny, diminish diminish, or encumber IndenmiteeIndemnitee's right to indemnification under the CharterArticles, the Bylaws, the MGCL Maryland General Corporation Law, or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may be.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the CharterCertificate, the Bylaws By-laws or the Maryland General Corporation Law (the "MGCL") DGCL or otherwise; provided, however, that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter Certificate or Bylaws By-laws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder, ; and provided, further, provided further that to the extent that any change is made to the MGCL DGCL (whether by legislative action or judicial decision), the Charter Certificate and/or the Bylaws By-laws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter Certificate or the Bylaws By-laws the effect of which would be to deny, diminish or encumber Indenmitee's Indemnitee’s right to indemnification under the CharterCertificate, the Bylaws, By-laws or the MGCL DGCL or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's ’s Board of Directors and/or its stockholders, as the case may be.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Charter, the Company's Bylaws or the Maryland General Corporation Law Company's Certificate of Incorporation, or the substantive laws of the Company's jurisdiction of incorporation, any other contract or otherwise (the collectively, "MGCLOther Indemnity Provisions") or otherwise); providedPROVIDED, howeverHOWEVER, that (i) to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereofOther Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder, hereunder and provided, further, that (ii) to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws which any Other Indemnity Provision that permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter Company's Bylaws or the Bylaws Company's Certificate of Incorporation the effect of which would be to deny, diminish or encumber IndenmiteeIndemnitee's right to indemnification under the Charter, the Bylaws, the MGCL this Agreement or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may beOther Indemnity Provision.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the CharterCertificate, the Bylaws or the Maryland General Corporation Law (the "MGCL") DGCL or otherwise; provided, however, that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter Certificate or Bylaws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder, ; and provided, further, provided further that to the extent that any change is made to the MGCL DGCL (whether by legislative action or judicial decision), the Charter Certificate and/or the Bylaws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter Certificate or the Bylaws the effect of which would be to deny, diminish or encumber IndenmiteeIndemnitee's right to indemnification under the CharterCertificate, the Bylaws, Bylaws or the MGCL DGCL or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may be.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the CharterArticles, the Bylaws Bylaws, or the Maryland General Corporation Law (the "MGCL") DGCL or otherwise; provided, however, that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter Articles or Bylaws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder; and, and provided, provided further, that to the extent that any change is made to the MGCL DGCL (whether by legislative action or judicial decision), the Charter Articles, and/or the Bylaws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter Articles or the Bylaws the effect of which would be to deny, diminish or encumber Indenmitee's Indemnitee’s right to indemnification under the CharterArticles, the Bylaws, the MGCL DGCL or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's ’s Board of Directors and/or its stockholders, as the case may be.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in -------------------- addition to any other rights Indemnitee may have under the CharterConstituent Documents, the Bylaws or the Maryland General Corporation Law substantive laws of the Company's jurisdiction of incorporation, any other contract or otherwise (the collectively, "MGCLOther Indemnity Provisions") or otherwise); provided, however, that (i) to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereofOther Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder, hereunder and provided, further, that (ii) to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws which any Other Indemnity Provision that permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to any of the Charter or the Bylaws Constituent Documents the effect of which would be to deny, diminish or encumber IndenmiteeIndemnitee's right to indemnification under the Charter, the Bylaws, the MGCL this Agreement or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may beOther Indemnity Provision.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the CharterCertificate of Incorporation or Bylaws, the Bylaws or the Maryland General Corporation Law of Delaware, any other contract or otherwise (the collectively, "MGCLOTHER INDEMNITY PROVISIONS") or otherwise); providedPROVIDED, howeverHOWEVER, that (a) to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereofOther Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder, hereunder and provided, further, that (b) to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws which any Other Indemnity Provision that permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter Certificate of Incorporation or the Bylaws the effect of which would be to deny, diminish or encumber IndenmiteeIndemnitee's right to indemnification under the Charter, the Bylaws, the MGCL this Agreement or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may beOther Indemnity Provision.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in --------------------- addition to any other rights Indemnitee may have under the CharterCertificate, the Bylaws or the Maryland Delaware General Corporation Law (the "MGCL") or otherwise; provided, however, -------- ------- that to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter Certificate or Bylaws as in effect on the date hereof, Indemnitee will be deemed to have such greater right hereunder, ; and provided, further, provided further that to the extent that any change is made to the MGCL Delaware -------- ------- General Corporation Law (whether by legislative action or judicial decision), the Charter Certificate and/or the Bylaws which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company Corporation will not adopt any amendment to the Charter Certificate or the Bylaws the effect of which would be to deny, diminish or encumber IndenmiteeIndemnitee's right to indemnification under the CharterCertificate, the Bylaws, Bylaws or the MGCL Delaware General Corporation Law or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the CompanyCorporation's Board of Directors and/or its stockholders, as the case may be.

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Charter, the Company's Bylaws or the Maryland General Corporation Law Company's Certificate of Incorporation, or the substantive laws of the Company's jurisdiction of incorporation, any other contract or otherwise (the collectively, "MGCLOther Indemnity Provisions") or otherwise); providedPROVIDED, howeverHOWEVER, that (i) to the extent that Indemnitee otherwise would have any greater right to indemnification under any provision of the Charter or Bylaws as in effect on the date hereofOther Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder, hereunder and provided, further, that (ii) to the extent that any change is made to the MGCL (whether by legislative action or judicial decision), the Charter and/or the Bylaws any Other Indemnity Provision which permits any greater right to indemnification than that provided under this Agreement as of the date hereof, Indemnitee will be deemed to have such greater right hereunder. The Company will not adopt any amendment to the Charter Company's Bylaws or the Bylaws Company's Certificate of Incorporation the effect of which would be to deny, diminish or encumber IndenmiteeIndemnitee's right to indemnification under the Charter, the Bylaws, the MGCL this Agreement or otherwise as applied to any act or failure to act occurring in whole or in part prior to the date upon which the amendment was approved by the Company's Board of Directors and/or its stockholders, as the case may beOther Indemnity Provision.