Common use of Other Proceeding Clause in Contracts

Other Proceeding. In the event that Section 6(a) above is inapplicable, or applicable only in part, the Company shall nevertheless indemnify the Indemnitee unless it is determined in a form described below that the Indemnitee has not met the applicable standard of conduct set forth in Section 3 above, if any, which entitles Indemnitee to such indemnification.

Other Proceeding. In the event that Section 6(a7(a) above is inapplicable, or applicable only in part, the Company shall nevertheless indemnify the Indemnitee unless it is determined unless, and only to the extent that, the Company shall prove by clear and convincing evidence to a forum listed in a form described Section 7(c) below that the Indemnitee has not met the applicable standard of conduct set forth in Section 3 above, if any, which entitles Indemnitee to such indemnification.

Other Proceeding. In the event that Section 6(a7(a) above is ---------------- inapplicable, or applicable only in part, the Company shall nevertheless indemnify the Indemnitee unless it is determined unless, and only to the extent that, the Company shall prove by clear and convincing evidence to a forum listed in a form described Section 7(c) below that the Indemnitee has not met the applicable standard of conduct set forth in Section 3 above, if any, which entitles Indemnitee to such indemnification.

Other Proceeding. In the event that Section 6(a7(a) above is inapplicable, or applicable only in part, the Company shall nevertheless indemnify the Indemnitee unless it is determined unless, and only to the extent that, the Company shall prove by clear and convincing evidence to a forum listed in a form described Section 7(c) below that the Indemnitee has not met the applicable standard of conduct set forth in Section 3 above, if any, which entitles the Indemnitee to such indemnification.