Common use of Other Arrangements Not Excluded Clause in Contracts

Other Arrangements Not Excluded. The indemnification and advancement of expenses authorized in or ordered by a court pursuant to this Article X: (a) does not exclude any other rights to which a Person seeking indemnification or advancement of expenses may be entitled under any agreement, decision of the Member or otherwise, for either an action of any Person who is or was a Manager, Member, officer, controlling Person, employee, legal representative or agent, in the official capacity of such Person or an action in another capacity while holding such position, except that indemnification and advancement, unless ordered by a court pursuant to Section 10.05 above, may not be made to or on behalf of such Person if a final adjudication established that its acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and were material to the cause of action; and (b) continues for a Person who has ceased to be a Member, Manager, officer, employee, legal representative or agent and inures to the benefit of the successors, heirs, executors and administrators of such a Person.

Other Arrangements Not Excluded. The indemnification and advancement of expenses authorized in or ordered by a court pursuant to this Article XIX: (a) does not exclude any other rights to which a Person seeking indemnification or advancement of expenses may be entitled under any agreement, decision of the Member or otherwise, for either an action of the Member, any Person who is Special Member or was a any Manager, Member, officer, controlling Person, employee, legal representative employee or agent, agent in the official capacity of such Person or an action in another capacity while holding such position, except that indemnification and advancementindemnification, unless ordered by a court pursuant to Section 10.05 9.05 above, may not be made to or on behalf of such Person the Member, any Special Member or any Manager if a final adjudication established that its acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and were was material to the cause of action; and (b) continues for a Person who has ceased to be the Member, a Special Member, Manager, officer, employee, legal representative employee or agent and inures to the benefit of the successors, heirs, executors and administrators of such a Person.

Other Arrangements Not Excluded. The indemnification and advancement of expenses authorized in or ordered by a court pursuant to this Article X: (a) does not exclude any other rights to which a Person seeking indemnification or advancement of expenses may be entitled under any agreement, decision of the Member or otherwise, for either an action of any Person who is or was a Manager, Member, officer, controlling Person, employee, legal representative or agent, in the official capacity of such Person or an action in another capacity while holding such position, except that indemnification and advancement, unless ordered by a court pursuant to Section 10.05 above, may not be made to or on behalf of such Person if a final adjudication established that its acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and were material to the cause of action; and (b) continues for a Person who has ceased to be a Member, Manager, officer, employee, legal representative or agent and inures to the benefit of the successors, heirs, executors and administrators of such a Person.

Other Arrangements Not Excluded. The indemnification and advancement of expenses authorized in or ordered by a court pursuant to this Article XXIII: (a) does do not exclude any other rights to which a Person person seeking indemnification or advancement of expenses may be entitled under the Articles or any agreement, decision vote of the Member Members, or disinterested Board Members, if any, or otherwise, for either an action of any Person who is or was a Manager, Member, officer, controlling Person, employee, legal representative or agent, in the their official capacity of such Person or an action in another capacity while holding such positiontheir office, except that indemnification and advancementindemnification, unless ordered by a court pursuant to Section 10.05 above13.5 or for the advancement of expenses made pursuant to Section 13.8, may not be made to or on behalf of such Person any Member or Board Member if a final adjudication established establishes that its their acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and were which was material to the cause of action; and (b) continues continue for a Person who has ceased to be a Member, ManagerBoard Member, officerOfficer, employee, legal representative employee or agent and inures to the benefit of the successors, his or her heirs, executors and administrators of such a Personadministrators.

Other Arrangements Not Excluded. The indemnification and ------------------------------- advancement of expenses authorized in or ordered by a court pursuant to this Article XIX: (a) does not exclude any other rights to which a Person seeking indemnification or advancement of expenses may be entitled under any agreement, decision of the Member or otherwise, for either an action of the Member, any Person who is Special Member or was a any Manager, Member, officer, controlling Person, employee, legal representative employee or agent, agent in the official capacity of such Person or an action in another capacity while holding such position, except that indemnification and advancementindemnification, unless ordered by a court pursuant to Section 10.05 9.05 above, may not be made to or on behalf of such Person the Member, any Special Member or any Manager if a final adjudication established that its acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and were was material to the cause of action; and (b) continues for a Person who has ceased to be the Member, a Special Member, Manager, officer, employee, legal representative employee or agent and inures to the benefit of the successors, heirs, executors and administrators of such a Person.

Other Arrangements Not Excluded. The indemnification and advancement of expenses authorized in or ordered by a court pursuant to this Article XXII: (a) does do not exclude any other rights to which a Person person seeking indemnification or advancement of expenses may be entitled under the Articles or any agreement, decision vote of the Member Members, or disinterested Board Members, if any, or otherwise, for either an action of any Person who is or was a Manager, Member, officer, controlling Person, employee, legal representative or agent, in the their official capacity of such Person or an action in another capacity while holding such positiontheir office, except that indemnification and advancementindemnification, unless ordered by a court pursuant to Section 10.05 above12.5 or for the advancement of expenses made pursuant to Section 12.8, may not be made to or on behalf of such Person any Member or Board Member if a final adjudication established establishes that its their acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and were which was material to the cause of action; and (b) continues continue for a Person who has ceased to be a Member, ManagerBoard Member, officerOfficer, employee, legal representative employee or agent and inures to the benefit of the successors, his or her heirs, executors and administrators of such a Personadministrators.

Other Arrangements Not Excluded. The indemnification ------------------------------- and advancement of expenses authorized in or ordered by a court pursuant to this Article X10: (a) does Does not exclude any other rights to which a Person person seeking indemnification or advancement of expenses may be entitled under the Certificate of Formation or any agreement, decision of the Member or otherwise, for either an action of any Person who is or was a Member, Manager, Member, officer, controlling Person, employee, legal representative employee or agent, agent in the official capacity of such Person person or an action in another capacity while holding such position, except that indemnification and advancementindemnification, unless ordered by a court pursuant to Section 10.05 above, may not be made to or on behalf of such Person the Member or any Manager if a final adjudication established that its such acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and were was material to the cause of action; and (b) continues Continues for a Person person who has ceased to be a Member, Manager, officer, employee, legal representative employee or agent and inures to the benefit of the successors, heirs, executors and administrators of such a Personperson.