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 Constituent Documents, or the substantive laws of the Company’s jurisdiction of incorporation, any other contract or otherwise (collectively, “Other Indemnity Provisions”); provided, however, that (i) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder and (ii) to the extent that any change is made to 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 Constituent Documents the effect of which would be to deny, diminish or encumber Indemnitee’s right to indemnification under this Agreement or any Other Indemnity Provision.

Appears in 2 contracts

Samples: Indemnification Agreement (Westwood Holdings Group Inc), Director and Officer Indemnification Agreement (Symetra Financial CORP)

AutoNDA by SimpleDocs

Non-exclusivity, Etc. The rights of Indemnitee hereunder will shall be in addition to any other rights Indemnitee may have under the Constituent Charter Documents, or the substantive laws of the Company’s jurisdiction of incorporationapplicable law, any other contract or otherwise (collectively, “Other Indemnity Provisions”); provided, however, that (ia) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder hereunder, and (iib) to the extent that any change is made to any Other Indemnity Provision which permits any greater right to indemnification than that that provided under by 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 To the extent that a change in applicable law (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded currently under Other Indemnity Provisions or this Agreement, it is the intent of the Constituent Documents the effect of which would be to deny, diminish or encumber Indemnitee’s right to indemnification under parties hereto that Indemnitee shall enjoy by this Agreement or any Other Indemnity Provisionthe greater benefits so afforded by such change.

Appears in 1 contract

Samples: Indemnification Agreement (Matrix Service Co)

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in -------------------- addition to any other rights Indemnitee may have under the Constituent Documents, or the substantive laws of the Company’s 's jurisdiction of incorporation, any other contract or otherwise (collectively, "Other Indemnity Provisions"); provided, however, that (i) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder and (ii) to the extent that any change is made to any Other Indemnity Provision which 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 Constituent Documents the effect of which would be to deny, diminish or encumber Indemnitee’s 's right to indemnification under this Agreement or any Other Indemnity Provision.

Appears in 1 contract

Samples: Indemnification Agreement (MTC Technologies Inc)

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Constituent DocumentsCertificate of Incorporation or By-Laws, or the substantive laws General Corporation Law of the Company’s jurisdiction of incorporationDelaware, any other contract or otherwise (collectively, “Other Indemnity Provisions”); provided, however, that (ia) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder and (iib) to the extent that any change is made to any Other Indemnity Provision which 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 the Certificate of the Constituent Documents Incorporation or By-Laws the effect of which would be to deny, diminish or encumber Indemnitee’s right to indemnification under this Agreement or any Other Indemnity Provision.

Appears in 1 contract

Samples: Indemnification Agreement (Laidlaw One Inc)

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Constituent DocumentsCompany's Bylaws or the Company's Certificate of Incorporation, or the substantive laws of the Company’s 's jurisdiction of incorporation, any other contract or otherwise (collectively, "Other Indemnity Provisions"); providedPROVIDED, howeverHOWEVER, that (i) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder and (ii) to the extent that any change is made to 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 the Company's Bylaws or the Company's Certificate of the Constituent Documents Incorporation the effect of which would be to deny, diminish or encumber Indemnitee’s 's right to indemnification under this Agreement or any Other Indemnity Provision.

Appears in 1 contract

Samples: O Indemnification Agreement (Athersys Inc /Oh)

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Constituent DocumentsCertificate of Incorporation or Bylaws, or the substantive laws General Corporation Law of the Company’s jurisdiction of incorporationDelaware, any other contract or otherwise (collectively, “Other Indemnity Provisions”"OTHER INDEMNITY PROVISIONS"); providedPROVIDED, howeverHOWEVER, that (ia) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder and (iib) to the extent that any change is made to any Other Indemnity Provision which 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 the Certificate of the Constituent Documents Incorporation or Bylaws the effect of which would be to deny, diminish or encumber Indemnitee’s 's right to indemnification under this Agreement or any Other Indemnity Provision.

Appears in 1 contract

Samples: Indemnification Agreement (Washington Group International Inc)

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Constituent Documents, or the substantive laws of the Company’s jurisdiction of incorporation, any other contract or otherwise (collectively, “Other Indemnity Provisions”); provided, however, that (i) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder and (ii) to the extent that any change is made to 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 Amendments to any of the Constituent Documents adopted after the effect of which would be to date hereof shall not adversely affect, deny, diminish or encumber Indemnitee’s right to indemnification under this Agreement or any Other Indemnity Provision.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Forward Industries Inc)

AutoNDA by SimpleDocs

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Constituent DocumentsCompany's Bylaws or the Company's Certificate of Incorporation, or the substantive laws of the Company’s 's jurisdiction of incorporation, any other contract or otherwise (collectively, "Other Indemnity Provisions"); providedPROVIDED, howeverHOWEVER, that (i) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder and (ii) to the extent that any change is made to any Other Indemnity Provision which 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 the Company's Bylaws or the Company's Certificate of the Constituent Documents Incorporation the effect of which would be to deny, diminish or encumber Indemnitee’s 's right to indemnification under this Agreement or any Other Indemnity Provision.

Appears in 1 contract

Samples: Indemnification Agreement (Technical Consumer Products Inc)

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Constituent DocumentsCertificate of Incorporation, or the substantive laws of the Company’s 's jurisdiction of incorporationformation, any other contract or otherwise (collectively, "Other Indemnity Provisions"); provided, however, that (ia) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder and (iib) to the extent that any change is made to any Other Indemnity Provision which 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 the Certificate of the Constituent Documents Incorporation, the effect of which would be to deny, diminish or encumber Indemnitee’s 's right to indemnification under this Agreement the Certificate of Incorporation or any Other Indemnity Provision.

Appears in 1 contract

Samples: Form of Indemnification Agreement (American Seafoods Corp)

Non-exclusivity, Etc. The rights of Indemnitee hereunder will be in addition to any other rights Indemnitee may have under the Constituent Documents, or the substantive laws of the Company’s jurisdiction of incorporation, any other contract or otherwise (collectively, “Other Indemnity Provisions”); provided, however, that (i) to the extent that Indemnitee otherwise would have any greater right to indemnification under any Other Indemnity Provision, Indemnitee will be deemed to have such greater right hereunder and (ii) to the extent that any change is made to 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 Constituent Documents the effect of which would be to deny, diminish or encumber Indemnitee’s right to indemnification under this Agreement or 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.

Appears in 1 contract

Samples: Indemnification Agreement (SoftBrands, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!