Common use of Non-exclusivity, Etc Clause in Contracts

Non-exclusivity, Etc. The rights of the Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Articles or Bylaws or applicable law, and nothing herein shall be deemed to diminish or otherwise restrict Indemnitee’s right to indemnification under any such other provision. To the extent applicable law or the Articles or the Bylaws of Company, as in effect on the date hereof or at any time in the future, permit greater indemnification than as provided for in this Agreement, the parties hereto agree that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such law or provision of the Articles or Bylaws and this Agreement shall be deemed amended without any further action by the Company or Indemnitee to grant such greater benefits. Indemnitee may elect to have Indemnitee’s rights hereunder interpreted on the basis of applicable law in affect at the time of execution of this Agreement, at the time of the occurrence of the Indemnifiable Event giving rise to a claim or at the time indemnification is sought.

Appears in 5 contracts

Samples: Indemnity Agreement (Avalonbay Communities Inc), Indemnity Agreement (Avalonbay Communities Inc), Indemnification Agreement (Avalonbay Communities Inc)

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Non-exclusivity, Etc. The rights of the Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Articles Company's Certificate of Incorporation or Bylaws or applicable lawthe Delaware General Corporation Law or otherwise, and nothing herein shall be deemed to diminish or otherwise restrict Indemnitee’s 's right to indemnification under any such other provision. To the extent applicable law or the Articles Certificate of Incorporation or the Bylaws of Company, as in effect on the date hereof or at any time in the future, permit greater indemnification than as provided for in this Agreement, the parties hereto agree that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such law or provision of the Articles Certificate of Incorporation or Bylaws and this Agreement shall be deemed amended without any further action by the Company or Indemnitee to grant such greater benefits. Indemnitee may elect to have Indemnitee’s 's rights hereunder interpreted on the basis of applicable law in affect effect at the time of execution of this Agreement, at the time of the occurrence of the Indemnifiable Event giving rise to a claim Claim or at the time indemnification is sought.

Appears in 3 contracts

Samples: Indemnity Agreement (Cs Wireless Systems Inc), Indemnification Agreement (Osullivan Industries Holdings Inc), Indemnification & Liability (Ensco International Inc)

Non-exclusivity, Etc. The rights of the Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Articles or Bylaws or applicable law, and nothing herein shall be deemed to diminish or otherwise restrict Indemnitee’s 's right to indemnification under any such other provision. To the extent applicable law or the Articles or the Bylaws of Company, as in effect on the date hereof or at any time in the future, permit greater indemnification than as provided for in this Agreement, the parties hereto agree that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such law or provision of the Articles or Bylaws and this Agreement shall be deemed amended without any further action by the Company or Indemnitee to grant such greater benefits. Indemnitee may elect to have Indemnitee’s 's rights hereunder interpreted on the basis of applicable law in affect at the time of execution of this Agreement, at the time of the occurrence of the Indemnifiable Event giving rise to a claim or at the time indemnification is sought.

Appears in 2 contracts

Samples: Indemnification Agreement (Beacon Capital Partners Inc), Indemnification & Liability (Avalonbay Communities Inc)

Non-exclusivity, Etc. The rights right of the Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Company’s Articles of Incorporation or Bylaws or applicable lawthe Texas Business Corporations Act or otherwise, and nothing herein shall be deemed to diminish or otherwise restrict Indemnitee’s right to indemnification under any such other provision. To the extent applicable law or the Articles of Incorporation or the Bylaws of Company, as in effect on the date hereof or at any time in the future, permit greater indemnification than as provided for in this Agreement, the parties hereto agree that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such law or provision of the Articles of Incorporation or Bylaws and this Agreement shall be deemed amended without any further action by the Company or Indemnitee to grant such greater benefits. Indemnitee may elect to have Indemnitee’s rights right hereunder interpreted on the basis of applicable law in affect effect at the time of execution of this Agreement, at the time of the occurrence of the Indemnifiable Event giving rise to a claim Claim or at the time indemnification is sought.

Appears in 1 contract

Samples: Indemnity Agreement (Internet America Inc)

Non-exclusivity, Etc. The rights of the Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Articles or Bylaws Articles, the Bylaws, the Partnership Agreement or applicable law, and nothing herein shall be deemed to diminish or otherwise restrict Indemnitee’s 's right to indemnification under any such other provision. To the extent applicable law or the Articles Articles, the Bylaws or the Bylaws of CompanyPartnership Agreement, as in effect on the date hereof or at any time in the future, permit greater indemnification than as provided for in this Agreement, the parties hereto agree that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such law or provision of the Articles Articles, the Bylaws or Bylaws the Partnership Agreement, and this Agreement shall be deemed amended without any further action by the Company Summit or Indemnitee to grant such greater benefits. Indemnitee may elect to have Indemnitee’s 's rights hereunder interpreted on the basis of applicable law in affect effect at the time of execution of this Agreement, at the time of the occurrence of the Indemnifiable Event giving rise to a claim or at the time indemnification is sought.

Appears in 1 contract

Samples: Indemnification Agreement (Summit Properties Inc)

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Non-exclusivity, Etc. The rights of the Indemnitee hereunder shall be -------------------- in addition to any other rights Indemnitee may have under the Articles or Bylaws or applicable law, and nothing herein shall be deemed to diminish or otherwise restrict Indemnitee’s 's right to indemnification under any such other provision. To the extent applicable law or the Articles or the Bylaws of Company, as in effect on the date hereof or at any time in the future, permit greater indemnification than as provided for in this Agreement, the parties hereto agree that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such law or provision of the Articles or Bylaws and this Agreement shall be deemed amended without any further action by the Company or Indemnitee to grant such greater benefits. Indemnitee may elect to have Indemnitee’s 's rights hereunder interpreted on the basis of applicable law in affect at the time of execution of this Agreement, at the time of the occurrence of the Indemnifiable Event giving rise to a claim or at the time indemnification is sought.

Appears in 1 contract

Samples: Indemnification Agreement (Bay Apartment Communities Inc)

Non-exclusivity, Etc. The rights of the Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Articles Declaration of Trust or Bylaws or applicable law, and nothing herein shall be deemed to diminish or otherwise restrict Indemnitee’s 's right to indemnification under any such other provision. To the extent applicable law or the Articles Declaration of Trust or the Bylaws of Companythe Trust, as in effect on the date hereof or at any time in the future, permit greater indemnification than as provided for in this Agreement, the parties hereto agree that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such law or provision of the Articles Declaration of Trust or Bylaws and this Agreement shall be deemed amended without any further action by the Company Trust or Indemnitee to grant such greater benefits. Indemnitee may elect to have Indemnitee’s 's rights hereunder interpreted on the basis of applicable law in affect at the time of execution of this Agreement, at the time of the occurrence of the Indemnifiable Event giving rise to a claim or at the time indemnification is sought.

Appears in 1 contract

Samples: Indemnification Agreement (Mgi Properties)

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