Common use of Payment of Defense Costs Clause in Contracts

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. Payment of the Defense Costs shall be the Company’s only obligation under this Section 13. 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.

Appears in 5 contracts

Samples: Employment Agreement (Education Realty Trust, Inc.), Employment Agreement (Education Realty Trust, Inc.), Employment Agreement (Education Realty Trust, Inc.)

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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 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. Payment of the Defense Costs shall be the Company’s only obligation under this Section 1313 . 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.

Appears in 1 contract

Samples: Employment Agreement (Education Realty Trust, Inc.)

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