Other indemnities. (a) The Company acknowledges and agrees that the obligation of the Company under this Agreement to indemnify or advance expenses to any Covered Person for the matters covered thereby shall be the primary source of indemnification and advancement of such Covered Person in connection therewith and any obligation on the part of any Covered Person under any Other Indemnification Agreement to indemnify or advance expenses to such Covered Person shall be secondary to the Company’s obligation and shall be reduced by any amount that the Covered Person may collect as indemnification or advancement from the Company. If the Company fails to indemnify or advance expenses to a Covered Person as required or contemplated by this Agreement, and any Person makes any payment to such Covered Person in respect of indemnification or advancement of expenses under any Other Indemnification Agreement on account of such Unpaid Indemnity Amounts, such other Person shall be subrogated to the rights of such Covered Person under this Agreement in respect of such Unpaid Indemnity Amounts. (b) The Company, as an indemnifying party from time to time, agrees that, to the fullest extent permitted by applicable law, its obligation to indemnify Covered Persons under this Agreement shall include any amounts expended by any other Person under any Other Indemnification Agreement in respect of indemnification or advancement of expenses to any Covered Person in connection with any Proceedings to the extent such amounts expended by such other Person are on account of any Unpaid Indemnity Amounts.
Appears in 29 contracts
Samples: Limited Liability Company Agreement (TCEH Finance, Inc.), Limited Liability Company Agreement (TCEH Finance, Inc.), Limited Liability Company Agreement (TCEH Finance, Inc.)
Other indemnities. (a) The Company acknowledges and agrees that the obligation of the Company under this Agreement to indemnify or advance expenses to any Covered Person Indemnitee for the matters covered thereby shall be the primary source of indemnification and advancement of such Covered Person Indemnitee in connection therewith and any obligation on the part of any Covered Person Indemnitee under any Other Indemnification Agreement to indemnify or advance expenses to such Covered Person Indemnitee shall be secondary to the Company’s obligation and shall be reduced by any amount that the Covered Person Indemnitee may collect as indemnification or advancement from the Company. If the Company fails to indemnify or advance expenses to a Covered Person an Indemnitee as required or contemplated by this Agreement, and any Person makes any payment to such Covered Person Indemnitee in respect of indemnification or advancement of expenses under any Other Indemnification Agreement on account of such Unpaid Indemnity Amounts, such other Person shall be subrogated to the rights of such Covered Person Indemnitee under this Agreement in respect of such Unpaid Indemnity Amounts.
(b) The Company, as an indemnifying party Party from time to time, agrees that, to the fullest extent permitted by applicable lawLaw, its obligation to indemnify Covered Persons Indemnitees under this Agreement shall include any amounts expended by any other Person under any Other Indemnification Agreement in respect of indemnification or advancement of expenses to any Covered Person Indemnitee in connection with any Proceedings to the extent such amounts expended by such other Person are on account of any Unpaid Indemnity Amounts.
Appears in 9 contracts
Samples: Limited Liability Company Agreement (SilverSun Technologies, Inc.), Limited Liability Company Agreement (SilverSun Technologies, Inc.), Limited Liability Company Agreement (Vine Energy Inc.)
Other indemnities. (a) The Company and each Member acknowledges and agrees that the obligation of the Company under this Agreement to indemnify or advance expenses to any Covered Person Indemnified Party for the matters covered thereby shall be the primary source of indemnification and advancement of expenses of such Covered Person Indemnified Party in connection therewith and any obligation on the part of any Covered Person party under any Other Indemnification Agreement to indemnify or advance expenses to such Covered Person Indemnified Party shall be secondary to the Company’s obligation and shall be reduced by any amount that the Covered Person Indemnified Party may collect as indemnification or advancement from the Company. If the Company fails to indemnify or advance expenses to a Covered Person an Indemnified Party as required or contemplated by this Agreement, and any Person makes any payment to such Covered Person Indemnified Party in respect of indemnification or advancement of expenses under any Other Indemnification Agreement on account of such Unpaid Indemnity Amountsany amount that the Company fails to indemnify or advance to an Indemnified Party as required by this Agreement, such other Person shall be subrogated to the rights of such Covered Person Indemnified Party under this Agreement in respect of such Unpaid Indemnity Amountsamounts.
(b) The Company, as an indemnifying party from time to time, agrees that, to the fullest extent permitted by applicable law, its obligation to indemnify Covered Persons any Indemnified Party under this Agreement shall include any amounts expended by any other Person under any Other Indemnification Agreement in respect of indemnification or advancement of expenses to any Covered Person Indemnified Party in connection with any Proceedings proceedings to the extent such amounts expended by such other Person are on account of any Unpaid Indemnity Amountsamount that the Company fails to indemnify or advance to an Indemnified Party as required by this Agreement.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Ranger Energy Services, Inc.), Limited Liability Company Agreement (Ranger Energy Services, Inc.), Limited Liability Company Agreement (Ranger Energy Services, Inc.)
Other indemnities. (a) The Company acknowledges and agrees that the obligation of the Company under this Agreement to indemnify or advance expenses to any Covered Person Indemnitee for the matters covered thereby shall be the primary source of indemnification and advancement of such Covered Person Indemnitee in connection therewith and any obligation on the part of any Covered Person under any Other Indemnification Agreement to indemnify or advance expenses to such Covered Person Indemnitee shall be secondary to the Company’s obligation and shall be reduced by any amount that the Covered Person Indemnitee may collect as indemnification or advancement from the Company. If the Company fails to indemnify or advance expenses to a Covered Person an Indemnitee as required or contemplated by this Agreement, and any Person makes any payment to such Covered Person Indemnitee in respect of indemnification or advancement of expenses under any Other Indemnification Agreement on account of such Unpaid Indemnity Amounts, such other Person shall be subrogated to the rights of such Covered Person Indemnitee under this Agreement in respect of such Unpaid Indemnity Amounts.
(b) The Company, as an indemnifying party from time to time, agrees that, to the fullest extent permitted by applicable lawLaw, its obligation to indemnify Covered Persons Indemnitees under this Agreement shall include any amounts expended by any other Person under any Other Indemnification Agreement in respect of indemnification or advancement of expenses to any Covered Person Indemnitee in connection with any Proceedings proceedings to the extent such amounts expended by such other Person are on account of any Unpaid Indemnity Amounts.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement
Other indemnities. (a) The Company acknowledges and agrees that the obligation of the Company under this Agreement to indemnify or advance expenses to any Covered Person for the matters covered thereby shall be the primary source of indemnification and advancement of such Covered Person in connection therewith and any obligation on the part of any Covered Person under any Other Indemnification Agreement to indemnify or advance expenses to such Covered Person shall be secondary to the Company’s 's obligation and shall be reduced by any amount that the Covered Person may collect as indemnification or advancement from the Company. If the Company fails to indemnify or advance expenses to a Covered Person as required or contemplated by this Agreement, and any Person makes any payment to such Covered Person in respect of indemnification or advancement of expenses under any Other Indemnification Agreement on account of such Unpaid Indemnity Amounts, such other Person shall be subrogated to the rights of such Covered Person under this Agreement in respect of such Unpaid Indemnity Amounts.
(b) The Company, as an indemnifying party from time to time, agrees that, to the fullest extent permitted by applicable law, its obligation to indemnify Covered Persons under this Agreement shall include any amounts expended by any other Person under any Other Indemnification Agreement in respect of indemnification or advancement of expenses to any Covered Person in connection with any Proceedings to the extent such amounts expended by such other Person are on account of any Unpaid Indemnity Amounts.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Energy Future Competitive Holdings CO), Limited Liability Company Agreement (Energy Future Intermediate Holding CO LLC)
Other indemnities. (a) The Company acknowledges and agrees that the obligation of the Company under this Agreement to indemnify or advance expenses to any Covered Person Indemnitee for the matters covered thereby shall be the primary source of indemnification and advancement of such Covered Person Indemnitee in connection therewith and any obligation on the part of any Covered Person Indemnitee under any Other Indemnification Agreement to indemnify or advance expenses to such Covered Person Indemnitee shall be secondary to the Company’s obligation and shall be reduced by any amount that the Covered Person Indemnitee may collect as indemnification or advancement from the Company. If the Company fails to indemnify or advance expenses to a Covered Person an Indemnitee as required or contemplated by this Agreement, and any Person makes any payment to such Covered Person Indemnitee in respect of indemnification or advancement of expenses under any Other Indemnification Agreement on account of such Unpaid Indemnity Amounts, such other Person shall be subrogated to the rights of such Covered Person Indemnitee under this Agreement in respect of such Unpaid Indemnity Amounts.
(b) The Company, as an indemnifying party from time to time, agrees that, to the fullest extent permitted by applicable lawLaw, its obligation to indemnify Covered Persons Indemnitees under this Agreement shall include any amounts expended by any other Person under any Other Indemnification Agreement in respect of indemnification or advancement of expenses to any Covered Person Indemnitee in connection with any Proceedings to the extent such amounts expended by such other Person are on account of any Unpaid Indemnity Amounts.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Inergy Storage, Inc.), Limited Liability Company Agreement (Crestwood Midstream Partners LP)
Other indemnities. (a) The Company acknowledges and agrees that the obligation of the Company under this Agreement to indemnify or advance expenses to any Covered Person Indemnitee for the matters covered thereby shall hereby will be the primary source of indemnification and advancement of such Covered Person for the Indemnitee in connection 77 therewith and any obligation on the part of any Covered Person under any Other Indemnification Agreement to indemnify or advance expenses to such Covered Person shall the Indemnitee will be secondary to the Company’s obligation and shall will be reduced by any amount that the Covered Person Indemnitee may collect as indemnification or advancement from the Company. If the Company fails to indemnify or advance expenses to a Covered Person an Indemnitee as required or contemplated by this Agreement, and any a Person makes any payment to such Covered Person in respect of pays the Indemnitee regarding indemnification or advancement of expenses under any Other Indemnification Agreement on account because of such the Unpaid Indemnity Amounts, such the other Person shall will be subrogated to the rights of such Covered Person the Indemnitee under this Agreement in respect of such regarding the Unpaid Indemnity Amounts.
(b) The Company, as an indemnifying party from time to timeparty, agrees that, to the fullest full extent permitted by applicable lawLaw, its obligation to indemnify Covered Persons Indemnitees under this Agreement shall will include any amounts expended by any other Person under any Other Indemnification Agreement in respect of regarding indemnification or advancement of expenses to any Covered Person in connection with Indemnitee regarding any Proceedings to the extent such the amounts expended by such the other Person are on account of because any Unpaid Indemnity Amounts.
Appears in 1 contract
Other indemnities. (a) The Company acknowledges and agrees that the obligation of the Company under this Agreement to indemnify or advance expenses to any Covered Person for the matters covered thereby shall be the primary source of indemnification and advancement of such Covered Person in connection therewith and any obligation on the part of any Covered Person under any Other Indemnification Agreement to indemnify or advance expenses to such Covered Person shall be secondary to the Company’s obligation and shall be reduced by any amount that the Covered Person may collect as indemnification or advancement from the Company. If the Company fails to indemnify or advance expenses to a Covered Person as required or contemplated by this Agreement, and any Person makes any payment to such Covered Person in respect of indemnification or advancement of expenses under any Other Indemnification Agreement on account of such Unpaid Indemnity Amounts, such other Person shall be subrogated to the rights of such Covered Person under this Agreement in respect of such Unpaid Indemnity Amounts.
(b) The Company, as an indemnifying party Party from time to time, agrees that, to the fullest extent permitted by applicable lawLaw, its obligation to indemnify Covered Persons under this Agreement shall include any amounts expended by any other Person under any Other Indemnification Agreement in respect of indemnification or advancement of expenses to any Covered Person in connection with any Proceedings to the extent such amounts expended by such other Person are on account of any Unpaid Indemnity Amounts.
Appears in 1 contract
Samples: Limited Liability Company Agreement (TCEH Finance, Inc.)