Payment of Defense Costs. If Executive is individually named as a defendant in a lawsuit relating to or arising out of Executive’s employment with the Company, then the Company agrees to pay the reasonable attorneys’ fees and expenses Executive incurs in defending such lawsuit (the “Defense Costs”). The Company will not pay any damages or any other sums or relief for which Executive is held liable. If Executive is held liable, then Executive agrees to reimburse the Company for all Defense Costs the Company paid to Executive or on Executive’s behalf. The Company’s obligation under this Section 13 shall not apply to any claim or lawsuit brought by the Company against Executive. Payment of the Defense Costs shall be the Company’s only obligation under this Section 13; provided, however, that nothing in this Section 13 shall be construed to limit either Party’s rights or obligations under any indemnification agreement or the Company’s organizational documents, as applicable
Appears in 18 contracts
Samples: Executive Employment Agreement (Education Realty Trust, Inc.), Executive Employment Agreement (Education Realty Trust, Inc.), Executive Employment Agreement (Education Realty Trust, Inc.)
Payment of Defense Costs. If Executive is individually named as a defendant in a lawsuit relating to or arising out of Executive’s employment with the Company, then the Company agrees to pay the reasonable attorneys’ fees and expenses Executive incurs in defending such lawsuit (the “Defense Costs”). The Company will not pay any damages or any other sums or relief for which Executive is held liable. If Executive is held liable, then Executive agrees to reimburse the Company for all Defense Costs the Company paid to Executive or on Executive’s behalf. The Company’s obligation under this Section 13 shall not apply to any claim or lawsuit brought by the Company against Executive. Payment of the Defense Costs shall be the Company’s only obligation under this Section 13; provided, however, that nothing in this Section 13 shall be construed to limit either Party’s rights or obligations under any indemnification agreement or the Company’s organizational documents, as applicable.
Appears in 9 contracts
Samples: Executive Employment Agreement (Education Realty Trust, Inc.), Employment Agreement (Education Realty Trust, Inc.), Employment Agreement (Education Realty Trust, Inc.)
Payment of Defense Costs. If Executive is individually named as a defendant in a lawsuit relating to or arising out of Executive’s 's employment with the Company, then the Company agrees to pay the reasonable attorneys’ ' fees and expenses Executive incurs in defending such lawsuit (the “"Defense Costs”"). The Company will not pay any damages or any other sums or relief for which Executive is held personally liable. If Executive is held liable, then Executive agrees to reimburse the Company for all Defense Costs the Company paid to Executive or on Executive’s 's behalf. The Company’s 's obligation under this Section 13 shall not apply to any claim or lawsuit brought by the Company against Executive. Payment of the Defense Costs shall be the Company’s 's only obligation under this Section 13; provided, however, that nothing in this Section 13 shall be construed to limit either Party’s 's rights or obligations under any indemnification agreement or the Company’s 's organizational documents, as applicable
Appears in 2 contracts
Samples: Executive Employment Agreement (Dynatronics Corp), Employment Agreement (Dynatronics Corp)
Payment of Defense Costs. If Executive is individually named as a defendant in a lawsuit relating to or arising out of Executive’s employment with the Company, then the Company agrees to pay the reasonable attorneys’ fees and expenses Executive incurs in defending such lawsuit (the “Defense Costs”). The Company will not pay any damages or any other sums or relief for which Executive is held personally liable. If Executive is held liable, then Executive agrees to reimburse the Company for all Defense Costs the Company paid to Executive or on Executive’s behalf. The Company’s obligation under this Section 13 shall not apply to any claim or lawsuit brought by the Company against Executive. Payment of the Defense Costs shall be the Company’s only obligation under this Section 13; provided, however, that nothing in this Section 13 shall be construed to limit either Party’s rights or obligations under any indemnification agreement or the Company’s organizational documents, as applicable.
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Payment of Defense Costs. If Executive is individually named as a defendant in a lawsuit relating to or arising out of Executive’s 's employment with the Company, then the Company agrees to pay the reasonable attorneys’ ' fees and expenses Executive incurs in defending such lawsuit (the “"Defense Costs”"). The Company will not pay any damages or any other sums or relief for which Executive is held personally liable. If Executive is held liable, then Executive agrees to reimburse the Company for all Defense Costs the Company paid to Executive or on Executive’s 's behalf. The Company’s 's obligation under this Section 13 shall not apply to any claim or lawsuit brought by the Company against Executive. Payment of the Defense Costs shall be the Company’s 's only obligation under this Section 13; provided, however, that nothing in this Section 13 shall be construed to limit either Party’s 's rights or obligations under any indemnification agreement or the Company’s 's organizational documents, as applicable.
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