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 Section VI: (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 Indemnified Person in its official capacity or an action in another capacity while holding such position except that indemnification and advancement, unless ordered by court pursuant to Section 6.6, may not be made to or on behalf of such Indemnified Person if final adjudication established that its acts or omissions involved intentional misconduct, fraud or knowing violation of the law and were material to the cause of action; and (b) continues for a Person who has ceased to be an Indemnified Person and insures the benefit of the successors, heirs, executors and administrators of such Person.

Other Arrangements Not Excluded. The indemnification and advancement of expenses authorized in or ordered by a court pursuant to this Section VI: Article 9: (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 Indemnified Person Covered Person, in its the official capacity of such Person or an action in another capacity while holding such position position, except that indemnification and advancement, unless ordered by a court or advanced pursuant to Section 6.69.5 above, may not be made to or on behalf of such Indemnified 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 and (b) continues for a Person who has ceased to be an Indemnified a Covered Person and insures 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 Section VI: Article VII: (a) does Does not exclude any other rights to which a Person seeking indemnification or advancement of expenses may be entitled under any other agreement, decision of the Member or otherwise, for either an action of any Indemnified Person Holder, officer, employee or agent in its the official capacity of such Person or an action in another capacity while holding such position position, except that indemnification and advancementindemnification, unless ordered by court pursuant to Section 6.6a court, may not be made to or on behalf of such Indemnified Person any Holder if a final adjudication established that its acts or omissions involved intentional misconduct, fraud or knowing violation of the law gross negligence and were was material to the cause of action; and and (b) continues Continues for a Person person who has ceased to be an Indemnified Person a Holder, officer, employee or agent and insures inures to the benefit of the successors, heirs, executors and administrators of such Persona person.

Other Arrangements Not Excluded. The indemnification and advancement of expenses authorized in or ordered by a court pursuant to this Section VI: Article 11: (a) does Does not exclude any other rights to which a Person seeking indemnification or advancement of expenses may be entitled under the Act or any agreement, decision vote of the Member Members or otherwise, for either an action of in any Indemnified Person in its such Person’s official capacity or an action in another capacity while holding such position Person’s office, except that indemnification and advancementindemnification, unless ordered by court pursuant to Section 6.6a court, may shall not be made to or on behalf of such Indemnified Person any Member if a final adjudication established that its such Member’s acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and were material to the cause of action; and and (b) continues Continues for a Person who has ceased to be an Indemnified Person a Member, employee or agent and insures inures to the benefit of the successors, heirs, executors and administrators of such a Person.

Other Arrangements Not Excluded. The This indemnification and advancement of expenses authorized in or ordered by a court pursuant to this Section VI: ARTICLE VIII: (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 Class A Member or otherwise, for either an action of any Indemnified Person in its official capacity or an action in another capacity while holding such position except that indemnification and advancement, unless ordered by court pursuant to Section 6.68.5 above, may not be made to or on behalf of such Indemnified Person if final adjudication established that its acts or omissions involved intentional misconduct, fraud or knowing violation of the law and were material to the cause of action; and and (b) continues for a Person who has ceased to be an Indemnified Person and insures inures to the benefit of the successors, heirs, executors and administrators of such Person.

Other Arrangements Not Excluded. The indemnification and advancement of expenses authorized in or ordered by a court pursuant to this Section VI: Article IX: (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 Indemnified Person Covered Person, in its the official capacity of such Person or an action in another capacity while holding such position position, except that indemnification and advancement, unless ordered by a court or advanced pursuant to Section 6.69.5 above, may not be made to or on behalf of such Indemnified 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 and (b) continues for a Person who has ceased to be an Indemnified a Covered Person and insures 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 Section Article VI: : (a) does Does not exclude any other rights to which a Person seeking indemnification or advancement of expenses may be entitled under any other agreement, decision of the Member or otherwise, for either an action of any Indemnified Person Class B Preferred Member, officer, employee or agent in its the official capacity of such Person or an action in another capacity while holding such position position, except that indemnification and advancementindemnification, unless ordered by court pursuant to Section 6.6a court, may not be made to or on behalf of such Indemnified Person any Class B Preferred Member if a final adjudication established that its acts or omissions involved intentional misconduct, fraud or knowing violation of the law gross negligence and were was material to the cause of action; and and (b) continues Continues for a Person person who has ceased to be an Indemnified Person a Class B Preferred Member, officer, employee or agent and insures inures to the benefit of the successors, heirs, executors and administrators of such Persona person.

Other Arrangements Not Excluded. The indemnification and ------------------------------- advancement of expenses authorized in or ordered by a court pursuant to this Section VI: Article 12: (a) does Does not exclude any other rights to which a Person seeking indemnification or advancement of expenses may be entitled under the Certificate of Formation or any agreement, decision vote of the Member Members or otherwise, for either an action of in any Indemnified Person in its such Person's official capacity or an action in another capacity while holding such position Person's office, except that indemnification and advancementindemnification, unless ordered by court pursuant to Section 6.6a court, may shall not be made to or on behalf of such Indemnified Person any Member if a final adjudication established that its such Member's acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and were was material to the cause of action; and and (b) continues Continues for a Person who has ceased to be an Indemnified Person a Member, employee or agent and insures inures to the benefit of the successors, heirs, executors and administrators of such a Person.