Nonexclusivity and Severability. (a) The rights to indemnification provided by this Agreement shall not be exclusive of any other rights of indemnification to which the Indemnitee may be entitled under the Articles of Incorporation, the Regulations, the ORC or any other statute, any insurance policy, agreement, or vote of shareholders or directors or otherwise, as to any actions or failures to act by the Indemnitee, and shall continue after he has ceased to be a Director, officer, employee, or agent of the Company or other entity for which his service gives rise to a right hereunder, and shall inure to the benefit of his heirs, executors, and administrators.
Nonexclusivity and Severability. (a) The right to indemnification and advancement of expenses provided by this Agreement is not exclusive of any other right to which the Indemnitee may be entitled under the Articles of Incorporation or the Bylaws of the Company or under the GBCC, any other statute, insurance policy, agreement, vote of shareholders or of directors or otherwise, both as to actions in an Authorized Capacity and as to actions in another capacity while holding such office, and will continue after the Indemnitee has ceased to serve in an Authorized Capacity and will inure to the benefit of his or her heirs, executors and administrators; PROVIDED, HOWEVER, that, to the extent the Indemnitee otherwise would have any greater right to indemnification or advancement of expenses under any provision of the Articles of Incorporation or the Bylaws, as the same exist or may hereafter be amended, the Indemnitee will be deemed to have such greater right pursuant to this Agreement; and, PROVIDED FURTHER, that, inasmuch as it is the intention of the Company to provide the Indemnitee with the broadest and most favorable possible indemnity permitted by applicable law (whether by legislative action or judicial decision), to the extent that the Georgia law currently or in the future permits (whether by legislative action or judicial decision) any greater right to indemnification or advancement of expenses than that provided under this Agreement, the Indemnitee will automatically, without the necessity of any further action by the Company or the Indemnitee, be deemed to have such greater right pursuant to this Agreement.
Nonexclusivity and Severability. (a) The rights to indemnification provided by this Agreement shall not be exclusive of any other rights of indemnification to which the Indemnitee may be entitled under the Articles, the Regulations, the ORC or any other statute, any insurance policy, agreement, or vote of shareholders or Directors or otherwise, as to any actions or failures to act by the Indemnitee, and shall continue after he has ceased to be a Director, officer, employee, or agent of the Company or other entity for which his service gives rise to a right hereunder, and shall inure to the benefit of his heirs, executors and administrators. In the event of any payment under this Agreement, the Company shall be subrogated to the extent thereof to all rights of recovery previously vested in the Indemnitee, who shall execute all instruments and take all other actions as shall be reasonably necessary for the Company to enforce such rights.
Nonexclusivity and Severability. (a) The right to indemnification provided by this Agreement shall not be exclusive of any other rights to which the Indemnitee may be entitled as to action in his capacity as a director, officer, employee, or agent and the rights of Indemnitee hereunder shall continue after the Indemnitee has ceased to be a director, officer, employee, or agent.
Nonexclusivity and Severability. (a) The indemnification and advancement of expenses provided or authorized by this Agreement may not be deemed exclusive of any other rights, by indemnification or otherwise, to which the Indemnitee may be entitled under the Declaration of Trust, the By-laws, a resolution of the Shareholders or the Board, the MGCL, an agreement or otherwise, both as to action in an Official Capacity and as to action in another capacity while holding such office, it being the intention of the Trust to provide the Indemnitee with the maximum indemnification permissible under applicable law.
Nonexclusivity and Severability. (a) The right to indemnification provided by this Agreement shall not be exclusive of any other rights to which the Indemnitee may be entitled under the Certificate, Bylaws, the DGCL, any other statute, insurance policy, agreement, vote of Stockholders or of directors or otherwise, both as to actions in his official capacity and as to actions in another capacity while holding such office, and shall continue after the Indemnitee has ceased to be a director, officer, employee or agent and shall inure to the benefit of his heirs, executors and administrators. (b) If any provision of this Agreement or the application of any provision hereof to any person or circumstances is held invalid, unenforceable or otherwise illegal, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected, and the provision so held to be invalid, unenforceable or otherwise illegal shall be reformed to the extent (and only to the extent) necessary to make it enforceable, valid and legal. 9.
Nonexclusivity and Severability. (a) The right to indemnification and advancement of expenses provided by this Agreement is not exclusive of any other right to which the Indemnitee may be entitled under the Certificate of Incorporation of the Company (the "Certificate"), By-Laws, the DGCL, any other statute, insurance policy, agreement, vote of stockholders or of directors or otherwise, both as to actions in his official capacity and as to actions in another capacity while holding such office, and will continue after the Indemnitee has ceased to serve as a director or officer of the Company or in an Authorized Capacity in or for Another Entity and will inure to the benefit
Nonexclusivity and Severability. (a) The right to indemnification and advancement of expenses provided by this Agreement is not exclusive of any other rights to which the Indemnitee may be entitled under the Certificate, By-Laws, the DGCL, any other statute, insurance policy, agreement, vote of stockholders or of directors or otherwise, both as to actions in his or her official capacity and as to actions in another capacity while holding such office, and will continue after the Indemnitee has ceased to serve as a director or officer of the Company or in an Authorized Capacity in or for Another Entity and will inure to the benefit of his or her heirs, executors and administrators; provided, however, that to the extent the Indemnitee otherwise would have any greater right to indemnification and/or advancement of expenses under any provision of the Certificate or the By-Laws as in effect on the date hereof, the Indemnitee will be deemed to have such greater right pursuant to this Agreement; and, provided further, that to the extent that any change is made to the DGCL (whether by legislative action or judicial decision), the Certificate and/or the By-Laws that permits any greater right to indemnification and/or advancement of expenses than that provided under this Agreement as of the date hereof, the Indemnitee will be deemed to have such greater right pursuant to this Agreement.
Nonexclusivity and Severability. (a) Except as provided in Section 5(c) above, the right to indemnification provided by this Agreement is not exclusive of any other rights to which the Indemnitee may he entitled under DTE Energy’s Articles, By-Laws, the BCA, any other statute, insurance policy, agreement, vote of shareholders or of directors or otherwise, both as to actions in the Indemnitee’s Official Capacity and as to actions in another capacity while holding such office.
Nonexclusivity and Severability. (a) The right to indemnification provided by this Agreement shall not be exclusive of any other rights to which the Indemnitee may be entitled under the Articles, By-Laws, the BCA, any other statute, insurance policy, agreement, vote of shareholders or of directors or otherwise, both as to actions in the Indemnitee's official capacity and as to actions in another capacity while holding such office, and shall continue after the Indemnitee has ceased to be a director, officer, employee or agent and shall inure to the benefit of the Indemnitee's heirs, executors and administrators. (b) If any provision of this Agreement or the application of any provision hereof to any person or circumstances is held invalid, unenforceable or otherwise illegal, the
