Common use of Nonexclusivity and Severability Clause in Contracts

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 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 Articles, the Bylaws of By-Laws, the Company or under the GBCCLBCL, any other statute, insurance policy, agreement, vote of shareholders stockholders or of directors or otherwise, both as to actions in an Authorized Capacity 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; PROVIDEDprovided, HOWEVERhowever, that, 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 By-Laws as in effect on the Bylaws, as the same exist or may hereafter be amendeddate hereof, the Indemnitee will be deemed to have such greater right pursuant to this Agreement; and, PROVIDED FURTHERprovided further, that, that inasmuch as it is the intention of the Company to provide the Indemnitee with the broadest and most favorable possible (to the Indemnitee) indemnity permitted by applicable law (whether by legislative action or judicial decision), to the extent that the Georgia law LBCL currently permits 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 AgreementAgreement as of the date hereof, 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. Similarly, the Indemnitee shall have the benefit of any future changes to the Articles or the By-Laws which grant or permit any greater right to indemnification or advancement of expenses.

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 Certificate, the Bylaws of Bylaws, the Company or under the GBCCDGCL, any other statute, insurance policy, agreement, vote of shareholders stockholders or of directors or otherwise, both as to actions in an Authorized Capacity 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; PROVIDEDprovided, HOWEVERhowever, 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 Certificate or the Bylaws, Bylaws as in effect on the same exist or may hereafter be amendeddate hereof, the Indemnitee will be deemed to have such greater right pursuant to this Agreement; and, PROVIDED FURTHERprovided further, that, inasmuch as it is the intention of the Company to provide the Indemnitee with the broadest and most favorable possible (to the Indemnitee) indemnity permitted by applicable law (whether by legislative action or judicial decision), to the extent that the Georgia law DGCL currently permits 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 AgreementAgreement as of the date hereof, 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. Similarly, the Indemnitee shall have the benefit of any future changes to the Certificate or the Bylaws which grant or permit any greater right to indemnification or advancement of expenses.

Nonexclusivity and Severability. (a) The right to indemnification and advancement of expenses provided by this Agreement is shall not be exclusive of any other right rights to which the Indemnitee may be entitled under the Articles of Incorporation or the Bylaws bylaws of the Company or under the GBCCCompany, Washington law, any other statute, principles of common law or equity, insurance policy, other agreement, vote of shareholders of the Company or of directors the Board (or otherwise), both as to actions in an Authorized Capacity his official capacity and as to actions in another capacity while holding such office, and will shall continue after the Indemnitee has ceased to serve in an Authorized Capacity be a director or officer of the Company and will shall inure to the benefit of his or her heirs, executors and administrators; PROVIDEDprovided, HOWEVERhowever, that, that to the extent the Indemnitee otherwise would have any greater right to indemnification or and/or advancement of expenses under any provision of the Articles of Incorporation or the Bylawsbylaws of the Company, as the same exist or may hereafter be amended, the Indemnitee will shall be deemed to have such greater right pursuant to this Agreement; and, PROVIDED FURTHERprovided, thatfurther, inasmuch as it that to the extent that any change is made to the intention of the Company to provide the Indemnitee with the broadest and most favorable possible indemnity permitted by applicable Washington law (whether by legislative action or judicial decision), to the extent Articles and/or the bylaws that the Georgia law currently or in the future permits (whether by legislative action or judicial decision) any greater right to indemnification or and/or advancement of expenses than that provided under this Agreement as of the date of this Agreement, the Indemnitee will automatically, without the necessity of any further action by the Company or the Indemnitee, shall be deemed to have such greater right pursuant to this Agreement.

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 Certificate, the Bylaws of By-Laws, the Company or under the GBCCDGCL, any other statute, insurance policy, agreement, vote of shareholders stockholders or of directors or otherwise, both as to actions in an Authorized Capacity such Indemnitee's 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, officer or controlling person of the Company or in an Authorized Capacity in or for Another Entity and will inure to the benefit of his or her such Indemnitee's successors, heirs, executors and administrators; PROVIDEDprovided, HOWEVERhowever, 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 Certificate or the Bylaws, By-Laws as in effect on the same exist or may hereafter be amendeddate hereof, the Indemnitee will be deemed to have such greater right pursuant to this Agreement; and, PROVIDED FURTHERprovided further, that, inasmuch as it is the intention of the Company to provide the Indemnitee with the broadest and most favorable (to the Indemnitee) possible indemnity permitted by applicable law (whether by legislative action or judicial decision), to the extent that the Georgia law DGCL currently permits 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 AgreementAgreement as of the date hereof, 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. Similarly, the Indemnitee shall have the benefit of any future changes to the By-Laws or the Certificate which grant or permit any greater right to indemnification or advancement of expenses.

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 Certificate, the Bylaws of By-Laws, the Company or under the GBCCDGCL, any other statute, insurance policy, agreement, vote of shareholders stockholders or of directors or otherwise, both as to actions in an Authorized Capacity 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; PROVIDEDprovided, HOWEVERhowever, 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 Certificate or the Bylaws, By-Laws as in effect on the same exist or may hereafter be amendeddate hereof, the Indemnitee will be deemed to have such greater right pursuant to this Agreement; and, PROVIDED FURTHERprovided further, that, inasmuch as it is the intention of the Company to provide the Indemnitee with the broadest and most favorable (to the Indemnitee) possible indemnity permitted by applicable law (whether by legislative action or judicial decision), to the extent that the Georgia law DGCL currently permits 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 AgreementAgreement as of the date hereof, 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. Similarly, the Indemnitee shall have the benefit of any future changes to the By-Laws or the Certificate which grant or permit any greater right to indemnification or advancement of expenses.

Nonexclusivity and Severability. (a) The right rights to indemnification and advancement of expenses provided by this Agreement is shall not be exclusive of of, and shall be in addition to, any other right rights of indemnification to which the Indemnitee may be entitled under the Articles of Incorporation Articles, the Regulations, the ORC or the Bylaws of the Company or under the GBCC, any other statute, any insurance policy, agreement, or vote of shareholders or of directors disinterested directors, or otherwiseotherwise (collectively, “Other Indemnity Provisions”), both as to actions action in an Authorized Capacity the Indemnitee’s official capacities and as to actions action in another capacity while holding such officethe Indemnitee’s offices or positions, and will shall continue after the Indemnitee has ceased to serve in an Authorized Capacity be a Director, trustee, officer, employee, member, manager, or agent of the Company or other entity for which the Indemnitee’s service gives rise to a right hereunder, and will shall inure to the benefit of his or her the Indemnitee’s heirs, executors executors, and administrators; PROVIDED, HOWEVER, that, to . To the extent the that (i) Indemnitee otherwise would have any greater right to indemnification or advancement of expenses under any provision of the Articles of Incorporation or the BylawsOther Indemnity Provision, as the same exist or may hereafter be amended, the Indemnitee will be deemed to have such greater right pursuant hereunder and (ii) any change is made 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 any Other Indemnity Provision 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 AgreementAgreement as of the date hereof, 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 hereunder. The Company will not adopt any amendment to the Articles or the Regulations the effect of which would be to deny, diminish or encumber the Indemnitee’s rights under this Agreement, the Articles, the Regulations, the substantive laws of the Company’s jurisdiction of incorporation, or any other contract or otherwise.

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 Articles, the Bylaws of By-Laws, the Company or under the GBCCLBCL, any other statute, insurance policy, agreement, vote of shareholders stockholders or of directors or otherwise, both as to actions in an Authorized Capacity 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 of his or her heirs, executors and administrators; PROVIDEDprovided, HOWEVERhowever, that, 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 By-Laws as in effect on the Bylaws, as the same exist or may hereafter be amendeddate hereof, the Indemnitee will be deemed to have such greater right pursuant to this Agreement; and, PROVIDED FURTHERprovided further, that, that inasmuch as it is the intention of the Company to provide the Indemnitee with the broadest and most favorable possible (to the Indemnitee) indemnity permitted by applicable law (whether by legislative action or judicial decision), to the extent that the Georgia law LBCL currently permits 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 AgreementAgreement as of the date hereof, 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. Similarly, the Indemnitee shall have the benefit of any future changes to the Articles or the By-Laws which grant or permit any greater right to indemnification or advancement of expenses.

Nonexclusivity and Severability. (a) The right to indemnification and ------------------------------- advancement of expenses provided by this Agreement is shall not be exclusive of any other right rights to which the Indemnitee may be entitled under the Articles Certificate of Incorporation or the Bylaws of the Company or under the GBCCCompany, Washington law, any other statute, insurance policy, agreement, vote of shareholders stockholders of the Company or of directors the Board (or otherwise), both as to actions in an Authorized Capacity his official capacity and as to actions in another capacity while holding such office, and will shall continue after the Indemnitee has ceased to serve in an Authorized Capacity be a director or officer of the Company and will shall inure to the benefit of his or her heirs, executors and administrators; PROVIDEDprovided, HOWEVERhowever, that, that to -------- ------- the extent the Indemnitee otherwise would have any greater right to indemnification or and/or advancement of expenses under any provision of the Articles Certificate of Incorporation or the BylawsBylaws of the Company, as the same exist or may hereafter be amended, the Indemnitee will shall be deemed to have such greater right pursuant to this Agreement; and, PROVIDED FURTHERprovided, thatfurther, inasmuch as it that -------- ------- to the extent that any change is made to the intention of the Company to provide the Indemnitee with the broadest and most favorable possible indemnity permitted by applicable Washington law (whether by legislative action or judicial decision), to the extent Certificate of Incorporation and/or the Bylaws that the Georgia law currently or in the future permits (whether by legislative action or judicial decision) any greater right to indemnification or and/or advancement of expenses than that provided under this AgreementAgreement as of the date hereof, the Indemnitee will automatically, without the necessity of any further action by the Company or the Indemnitee, shall be deemed to have such greater right pursuant to this Agreement.