Common use of Non-Exclusivity; Survival of Rights; Subrogation Clause in Contracts

Non-Exclusivity; Survival of Rights; Subrogation. (a) The rights of indemnification and advance of Expenses as provided by this Agreement (i) shall not be deemed exclusive of any other rights to which Indemnitee may at any time be entitled under applicable law, the charter or Bylaws of the Company, any agreement or a resolution of the stockholders entitled to vote generally in the election of directors or of the Board of Directors, or otherwise, and (ii) shall be enforced and this Agreement shall be interpreted independently of and without reference to or limitation or constraint (whether procedural, substantive or otherwise) by any other such rights to which Indemnitee may at any time be entitled. Indemnitee’s rights under this Agreement are present contractual rights that fully vest upon Indemnitee’s first service as a director or an officer of the Company. Unless consented to in writing by Indemnitee, no amendment, alteration or repeal of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in [his][her] Corporate Status prior to such amendment, alteration or repeal, regardless of whether a claim with respect to such action or inaction is raised prior or subsequent to such amendment, alteration or repeal. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right or remedy shall be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing at law or in equity or otherwise. To the extent that a change in the MGCL (or other applicable law), whether by statute or judicial decision, permits greater indemnification or advancement of Expenses than would be afforded currently under the charter or Bylaws of the Company or this Agreement, it is the intent of the parties hereto that Indemnitee enjoy by this Agreement the greater benefits so afforded by such change. The assertion of any right or remedy hereunder, or otherwise, shall not prohibit the concurrent assertion or employment of any other right or remedy.

Non-Exclusivity; Survival of Rights; Subrogation. (a) The rights of indemnification and advance to receive advancement of Expenses as provided by this Agreement (i) shall not be deemed exclusive of any other rights to which Indemnitee may at any time be entitled under applicable law, the charter or Bylaws Certificate of Incorporation, the CompanyBylaws, any agreement agreement, a vote of stockholders, or a resolution of the stockholders entitled to vote generally in the election of directors or of the Board of Directorsdirectors, rights under any directors’ and officers’ liability insurance policy, or otherwise, otherwise and (ii) shall be enforced and this Agreement shall be interpreted independently of of, and without reference to or limitation or constraint (whether proceduralto, substantive or otherwise) by any other such rights to which Indemnitee may at any time be entitled. Indemnitee’s rights under this Agreement are present contractual rights that fully vest upon Indemnitee’s first service as a director or an officer of the Company. Unless consented to in writing by Indemnitee, no No amendment, alteration or repeal of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in [his][her] Indemnitee’s Corporate Status prior to such amendment, alteration or repeal. To the extent that a change in Delaware law, regardless whether by statute or judicial decision, permits greater indemnification or advancement of whether a claim with respect to Expenses than would be afforded currently under the Certificate of Incorporation, Bylaws 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 action or inaction is raised prior or subsequent to such amendment, alteration or repealchange. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right or and remedy shall be cumulative and in addition to every other right or and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. To the extent that a change in the MGCL (or other applicable law), whether by statute or judicial decision, permits greater indemnification or advancement of Expenses than would be afforded currently under the charter or Bylaws of the Company or this Agreement, it is the intent of the parties hereto that Indemnitee enjoy by this Agreement the greater benefits so afforded by such change. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prohibit prevent the concurrent assertion or employment of any other right or remedy.

Non-Exclusivity; Survival of Rights; Subrogation. (a) The rights of indemnification and advance of Expenses Indemnitee as provided by this Agreement (i) shall not be deemed exclusive of any other rights to which Indemnitee may at any time be entitled under applicable law, the charter Charter or Bylaws of the Company, any agreement agreement, a vote of stockholders or a resolution of the stockholders entitled to vote generally in the election of directors or of the Board of Directorsdirectors, or otherwise, otherwise and (ii) shall be enforced and this Agreement shall be interpreted independently of and without reference to or limitation or constraint (whether procedural, substantive or otherwise) by any other such rights to which Indemnitee may at any time be entitled. Indemnitee’s rights under this Agreement are present contractual rights that fully vest upon Indemnitee’s first service as a director or an officer of the Company. Unless consented to in writing by Indemnitee, no No amendment, alteration or repeal of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in [his][her] his or her Corporate Status prior to such amendment, alteration or repeal. To the extent that a change in applicable law, regardless whether by statute or judicial decision, permits greater indemnification, hold harmless or exoneration rights or advancement of Expenses than would be afforded currently under the Charter, or the Bylaws of the Company 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. To the extent that a change in Kansas law, whether a claim with respect by statute or judicial decision, narrows or limits indemnification or advancement of Expenses that are afforded currently under the Charter, the Bylaws or this Agreement, it is the intent of the parties hereto that such change, except to such action the extent required by applicable law, shall have no effect on this Agreement or inaction is raised prior or subsequent to such amendment, alteration or repealthe parties’ rights and obligations hereunder. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right or and remedy shall be cumulative and in addition to every other right or and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. To the extent that a change in the MGCL (or other applicable law), whether by statute or judicial decision, permits greater indemnification or advancement of Expenses than would be afforded currently under the charter or Bylaws of the Company or this Agreement, it is the intent of the parties hereto that Indemnitee enjoy by this Agreement the greater benefits so afforded by such change. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prohibit prevent the concurrent assertion or employment of any other right or remedy.

Non-Exclusivity; Survival of Rights; Subrogation. (a) 9.1 The rights of indemnification and advance of Expenses as provided by this Agreement (i) shall not be deemed exclusive of any other rights to which Indemnitee may at any time be entitled under applicable law, the charter or Bylaws of Certificate, the CompanyBylaws, any agreement agreement, a vote of stockholders or a resolution of the stockholders entitled to vote generally in the election of directors or of the Board of Directorsdirectors, or otherwise, and (ii) shall be enforced and this Agreement shall be interpreted independently of and without reference to or limitation or constraint (whether procedural, substantive or otherwise) by any other such rights to which Indemnitee may at any time be entitled. Indemnitee’s rights under this Agreement are present contractual rights that fully vest upon Indemnitee’s first service as a director or an officer of the Company. Unless consented to in writing by Indemnitee, no No amendment, alteration or repeal of this Agreement or of any provision hereof hereof, Delaware Law, the Certificate or the Bylaws shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in [his][her] his Corporate Status prior to such amendment, alteration or repealrepeal of this Agreement, regardless Delaware Law, the Certificate or the Bylaws. To the extent that a change in applicable law, whether by statute or judicial decision, permits greater indemnification than would be afforded currently under the Certificate, the Bylaws or this Agreement, it is the intent of whether a claim with respect to the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such action or inaction is raised prior or subsequent to such amendment, alteration or repealchange. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right or and remedy shall be cumulative and in addition to every other right or and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. To the extent that a change in the MGCL (or other applicable law), whether by statute or judicial decision, permits greater indemnification or advancement of Expenses than would be afforded currently under the charter or Bylaws of the Company or this Agreement, it is the intent of the parties hereto that Indemnitee enjoy by this Agreement the greater benefits so afforded by such change. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prohibit prevent the concurrent assertion or employment of any other right or remedy.