Common use of Non-exclusivity, Etc Clause in Contracts

Non-exclusivity, Etc. The rights of Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Company’s certificate of incorporation and By-laws now or hereafter in effect, the substantive laws of the State of Delaware, any other contract or otherwise (collectively, “Other Indemnity Provisions”); provided, however, that (a) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee shall be deemed to have such greater right hereunder and (b) to the extent that any change is made to any Other Indemnity Provision which permits any greater right to indemnification than that provided hereunder as of the date hereof, Indemnitee shall be deemed to have such greater right hereunder. No amendment to the Company’s certificate of incorporation or By-laws now or hereafter in effect shall be effective vis-à-vis Indemnitee to the extent the effect of such amendment would be to deny, diminish or encumber Indemnitee’s right to indemnification hereunder or under any Other Indemnity Provision.

Non-exclusivity, Etc. The rights of Indemnitee hereunder shall will be in addition to any other rights Indemnitee may have under the Company’s certificate of incorporation and By-laws now Constituent Documents, or hereafter in effect, the substantive laws of the State Company’s jurisdiction of Delawareincorporation, any other contract or otherwise (collectively, “Other Indemnity Provisions”); provided, however, that (ai) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee shall will be deemed to have such greater right hereunder and (bii) to the extent that any change is made to any Other Indemnity Provision which permits any greater right to indemnification than that provided hereunder under this Agreement as of the date hereof, Indemnitee shall will be deemed to have such greater right hereunder. No amendment Amendments to any of the Company’s certificate of incorporation or By-laws now or hereafter in effect Constituent Documents adopted after the date hereof shall be effective vis-à-vis Indemnitee to the extent the effect of such amendment would be to not adversely affect, deny, diminish or encumber Indemnitee’s right to indemnification hereunder under this Agreement or under any Other Indemnity Provision.

Non-exclusivity, Etc. The rights of Indemnitee hereunder shall will be in addition to any other rights Indemnitee may have under the Company’s certificate of incorporation and By-laws now Constituent Documents, or hereafter in effect, the substantive laws of the State Company’s jurisdiction of Delawareincorporation, any other contract or otherwise otherwise[, including specifically the Employment Agreement between the Company and Indemnitee dated [•][and the Change in Control Severance Agreement between the Company and the Indemnitee dated [•]] (collectively, “Other Indemnity Provisions”); provided, however, that (ai) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee shall will be deemed to have such greater right hereunder and (bii) to the extent that any change is made to any Other Indemnity Provision which permits any greater right to indemnification than that provided hereunder under this Agreement as of the date hereof, Indemnitee shall will be deemed to have such greater right hereunder. No The Company will not adopt any amendment to any of the Company’s certificate of incorporation or By-laws now or hereafter in effect shall be effective vis-à-vis Indemnitee to the extent Constituent Documents the effect of such amendment which would be to deny, diminish or encumber Indemnitee’s right to indemnification hereunder under this Agreement or under any Other Indemnity Provision.

Non-exclusivity, Etc. The rights of Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Company’s certificate of incorporation and By-laws now or hereafter in effectCharter Documents, the substantive laws of the State of Delawareapplicable law, any other contract or otherwise (collectively, “Other Indemnity Provisions”); provided, however, that (a) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee shall will be deemed to have such greater right hereunder hereunder, and (b) to the extent that any change is made to any Other Indemnity Provision which permits any greater right to indemnification than that that provided hereunder by this Agreement as of the date hereof, Indemnitee shall will be deemed to have such greater right hereunder. No amendment to the Company’s certificate of incorporation or By-laws now or hereafter in effect shall be effective vis-à-vis Indemnitee to To the extent the effect of such amendment that a change in applicable law (whether by statute or judicial decision) permits greater indemnification by agreement than would be to deny, diminish or encumber Indemnitee’s right to indemnification hereunder or afforded currently under any Other Indemnity ProvisionProvisions or this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change.

Non-exclusivity, Etc. The rights of Indemnitee hereunder shall will be in addition to any other rights Indemnitee may have under the Company’s certificate Certificate of incorporation and By-laws now Incorporation, or hereafter in effect, the substantive laws of the State Company's jurisdiction of Delawareformation, any other contract or otherwise (collectively, “"Other Indemnity Provisions”"); provided, however, that (a) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee shall will be deemed to have such greater right hereunder and (b) to the extent that any change is made to any Other Indemnity Provision which that permits any greater right to indemnification than that provided hereunder under this Agreement as of the date hereof, Indemnitee shall will be deemed to have such greater right hereunder. No The Company will not adopt any amendment to the Company’s certificate Certificate of incorporation or By-laws now or hereafter in effect shall be effective vis-à-vis Indemnitee to the extent Incorporation, the effect of such amendment which would be to deny, diminish or encumber Indemnitee’s 's right to indemnification hereunder under the Certificate of Incorporation or under any Other Indemnity Provision.

Non-exclusivity, Etc. The rights of Indemnitee hereunder shall be --------------------- in addition to any other rights Indemnitee may have under the Company’s certificate Certificate of incorporation Incorporation, the By-laws, the Delaware General Corporation Law, any vote of stockholders or disinterested directors or otherwise, both as to action in Indemnitee's official capacity and as to action in any other capacity by holding such office, and shall continue after Indemnitee ceases to serve the Company as a director or an officer for so long as Indemnitee shall be subject to any Claim by reason of (or arising in part out of) an Indemnifiable Event. To the extent that a change in the Delaware General Corporation Law (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded currently under the Certificate of Incorporation, the By-laws now and this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. Nothing contained herein shall, or hereafter in effectbe construed to, limit or diminish the substantive indemnification of Indemnitee, as provided by the laws of the State of Delaware, any other contract or otherwise (collectivelythe Company's Certificate of Incorporation and/or By-laws, “Other Indemnity Provisions”); provided, however, that (a) to the maximum extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee shall be deemed to have such greater right hereunder and (b) to the extent that any change is made to any Other Indemnity Provision which permits any greater right to indemnification than that provided hereunder as of the date hereof, Indemnitee shall be deemed to have such greater right hereunder. No amendment to the Company’s certificate of incorporation or By-laws now or hereafter in effect shall be effective vis-à-vis Indemnitee to the extent the effect of such amendment would be to deny, diminish or encumber Indemnitee’s right to indemnification hereunder or under any Other Indemnity Provisiontherein.

Non-exclusivity, Etc. The rights of Indemnitee hereunder shall will be in addition to any other rights Indemnitee may have under the Company’s certificate Certificate of incorporation and Incorporation or By-laws now Laws, or hereafter in effect, the substantive laws of the State General Corporation Law of Delaware, any other contract or otherwise (collectively, “Other Indemnity Provisions”); provided, however, that (a) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee shall will be deemed to have such greater right hereunder and (b) to the extent that any change is made to any Other Indemnity Provision which that permits any greater right to indemnification than that provided hereunder under this Agreement as of the date hereof, Indemnitee shall will be deemed to have such greater right hereunder. No The Company will not adopt any amendment to the Company’s certificate Certificate of incorporation Incorporation or By-laws now or hereafter in effect shall be effective vis-à-vis Indemnitee to the extent Laws the effect of such amendment which would be to deny, diminish or encumber Indemnitee’s right to indemnification hereunder under this Agreement or under any Other Indemnity Provision.

Non-exclusivity, Etc. The rights of Indemnitee hereunder shall will be in addition to any other rights Indemnitee may have under the Company’s certificate of incorporation and By-laws now Constituent Documents, or hereafter in effect, the substantive laws of the State Company's jurisdiction of Delawareincorporation, any other contract or otherwise otherwise, including specifically the Employment Agreement between the Company and Indemnitee dated April 23, 2001 and amended July 19, 2001 (collectively, “"Other Indemnity Provisions”"); provided, however, that (ai) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee shall will be deemed to have such greater right hereunder and (bii) to the extent that any change is made to any Other Indemnity Provision which permits any greater right to indemnification than that provided hereunder under this Agreement as of the date hereof, Indemnitee shall will be deemed to have such greater right hereunder. No The Company will not adopt any amendment to any of the Company’s certificate of incorporation or By-laws now or hereafter in effect shall be effective vis-à-vis Indemnitee to the extent Constituent Documents the effect of such amendment which would be to deny, diminish or encumber Indemnitee’s 's right to indemnification hereunder under this Agreement or under any Other Indemnity Provision.

Non-exclusivity, Etc. The rights of Indemnitee hereunder shall will be in addition to any other rights Indemnitee may have under the Company’s certificate of incorporation and By-laws now Constituent Documents, or hereafter in effect, the substantive laws of the State Company’s jurisdiction of Delawareincorporation, any other contract or otherwise (collectively, “Other Indemnity Provisions”); provided, however, that (ai) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee shall will be deemed to have such greater right hereunder and (bii) to the extent that any change is made to any Other Indemnity Provision which permits any greater right to indemnification than that provided hereunder under this Agreement as of the date hereof, Indemnitee shall will be deemed to have such greater right hereunder. No The Company will not adopt any amendment to any of the Company’s certificate of incorporation or By-laws now or hereafter in effect shall be effective vis-à-vis Indemnitee to the extent Constituent Documents the effect of such amendment which would be to deny, diminish or encumber Indemnitee’s right to indemnification hereunder under this Agreement or under any Other Indemnity Provision. The Company shall have no right to set off the amount of any Expenses or Indemnified Losses to which Indemnitee may be entitled against any obligation that may be owed by Indemnitee to the Company.

Non-exclusivity, Etc. The rights of Indemnitee hereunder shall will be in addition to any other rights Indemnitee may have from time to time under the Company’s certificate of incorporation and By-laws now Constituent Documents, or hereafter in effect, the substantive laws of the State Company’s jurisdiction of Delawareincorporation, any other contract or otherwise (collectively, “Other Indemnity Provisions”); , provided, however, that (ai) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee shall will be deemed to have such greater right hereunder and (bii) to the extent that any change is made to any Other Indemnity Provision which permits any greater right to indemnification than that provided hereunder under this Agreement as of the date hereof, Indemnitee shall will be deemed to have such greater right hereunder. No In the event of any amendment to the Company’s certificate of incorporation or By-laws now or hereafter in effect shall be effective vis-à-vis Indemnitee to the extent Constituent Documents the effect of such amendment which would be to deny, deny or materially diminish or encumber Indemnitee’s right to indemnification hereunder under this Agreement or under any Other Indemnity Provision, the Company will provide at least thirty (30) days written notice to the Indemnitee prior to the effective date of such amendment. In the event of such amendment, it shall not in any way diminish the obligations of the Company hereunder with respect to any Claim related to acts or omissions prior to the effective date of such amendment.

Non-exclusivity, Etc. The rights of Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Company’s certificate of incorporation formation and By-laws LLC Agreement now or hereafter in effect, the substantive laws of the State of Delaware, any other contract or otherwise (collectively, “Other Indemnity Provisions”); provided, however, that (a) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee shall be deemed to have such greater right hereunder and (b) to the extent that any change is made to any Other Indemnity Provision which permits any greater right to indemnification than that provided hereunder as of the date hereof, Indemnitee shall be deemed to have such greater right hereunder. No amendment to the Company’s certificate of incorporation formation or By-laws LLC Agreement now or hereafter in effect shall be effective vis-à-vis Indemnitee to the extent the effect of such amendment would be to deny, diminish or encumber Indemnitee’s right to indemnification hereunder or under any Other Indemnity Provision.