Common use of Payment of Indemnified Amounts Clause in Contracts

Payment of Indemnified Amounts. (a) The Indemnitee hereby is granted the right to receive in advance of a final, nonappealable judgment or other final adjudication of a Proceeding (a "Final Determination") the amount of any and all expenses, including, without limitation, investigation expenses, expert witness' and attorneys' fees and other expenses expended or incurred by the Indemnitee in connection with any Proceeding or otherwise expended or incurred by the Indemnitee (such amounts so expended or incurred being referred to as "Advanced Amounts"). (b) In making any written request for the Advanced Amounts, the Indemnitee shall submit to the Company a schedule setting forth in reasonable detail the dollar amount expended or incurred and expected to be expended. Each such listing shall be supported by the xxxx, agreement or other documentation relating thereto, each of which shall be appended to the schedule as an exhibit. In addition, before the Indemnitee may receive Advanced Amounts from the Company, the Indemnitee shall provide to the Company (i) a written affirmation of the Indemnitee's good faith belief that the applicable standard of conduct required for indemnification by the Company has been satisfied by the Indemnitee, and (ii) a written undertaking by or on behalf of the Indemnitee to repay the Advanced Amounts if it shall ultimately be determined that the Indemnitee has not satisfied any applicable standard of conduct. The written undertaking required from the Indemnitee shall be an unlimited general obligation of the Indemnitee, but need not be secured. The Company shall pay to the Indemnitee all Advanced Amounts within ten business days after receipt by the Company of all information and documentation required to be provided by the Indemnitee pursuant to this Section 3(b).

Payment of Indemnified Amounts. (a) The Indemnitee hereby is granted the right to receive in advance of a final, nonappealable judgment or other final adjudication of a Proceeding (a "Final Determination") the amount of any and all expenses, including, without limitation, investigation expenses, expert witness' and attorneys' fees and other expenses expended or incurred by the Indemnitee in connection with any Proceeding or otherwise expended or incurred by the Indemnitee (such amounts so expended or incurred being referred to as "Advanced Amounts"). (b) In making any written request for the Advanced Amounts, the Indemnitee shall submit to the Company a schedule setting forth in reasonable detail the dollar amount expended or incurred and expected to be expended. Each such listing shall be supported by the xxxx, agreement or other documentation relating thereto, each of which shall be appended to the schedule as an exhibit. In addition, before the Indemnitee may receive Advanced Amounts from the Company, the Indemnitee shall provide to the Company (i) a written affirmation of the Indemnitee's good faith belief that the applicable standard of conduct required for indemnification by the Company has been satisfied by the Indemnitee, and (ii) a written undertaking by or on behalf of the Indemnitee to repay the Advanced Amounts if it shall ultimately be determined that the Indemnitee has not satisfied any applicable standard of conduct. The written undertaking required from the Indemnitee shall be an unlimited general obligation of the Indemnitee, Indemnitee but need not be secured. The Company shall pay to the Indemnitee all Advanced Amounts within ten business days after receipt by the Company of all information and documentation required to be provided by the Indemnitee pursuant to this Section 3(b).need

Payment of Indemnified Amounts. (a) The Indemnitee hereby is granted the right to receive promptly in advance of a final, nonappealable judgment or other final adjudication of a Proceeding (a "“Final Determination"”) the amount of any and all expenses, including, without limitation, investigation expenses, expert witness' ’ and attorneys' ’ fees and other expenses expended or incurred by the Indemnitee in connection with any Proceeding or otherwise expended or incurred by the Indemnitee (such amounts so expended or incurred being referred to as "“Advanced Amounts"”). (b) In making any written request for the Advanced Amounts, the Indemnitee shall submit to the Company a schedule setting forth in reasonable detail the dollar amount expended or incurred and expected to be expended. Each such listing shall be supported by the xxxxbxxx, agreement or other documentation relating thereto, each of which shall be appended to the schedule as an exhibit. In addition, before the Indemnitee may receive Advanced Amounts from the Company, the Indemnitee shall provide to the Company (i) a written affirmation of the Indemnitee's ’s good faith belief that the applicable standard of conduct required for indemnification by the Company has been satisfied by the Indemnitee, and (ii) a written undertaking by or on behalf of the Indemnitee to repay the Advanced Amounts if it shall ultimately be determined that the Indemnitee has not satisfied any applicable standard of conduct. The written undertaking required from the Indemnitee shall be an unlimited general obligation of the Indemnitee, but need not be secured. The Company shall pay to the Indemnitee all Advanced Amounts within ten business days after receipt by the Company of all information and documentation required to be provided by the Indemnitee pursuant to this Section 3(b).

Payment of Indemnified Amounts. (a) The Indemnitee hereby is granted the right to receive in advance of a final, nonappealable judgment or other final adjudication of a Proceeding (a "Final Determination") the amount of any and all expensesIndemnified Amounts, including, without limitation, investigation expenses, expert witnesswitnesses' and attorneys' attorney's fees and other expenses Indemnified Amounts expended or incurred by the Indemnitee in connection with any Proceeding or otherwise expended or incurred by the Indemnitee (such amounts so expended or incurred being referred to as "Advanced Amounts"). (b) In making any written request for the Advanced Amounts, the Indemnitee shall submit to the Company in writing a schedule setting forth in reasonable detail the dollar amount expended or incurred and and/or an estimate of the current amount expected to be expended. Each such listing schedule shall be supported by the xxxx, agreement or other documentation relating thereto, each of which shall be appended to the schedule as an exhibitthereto (if reasonably available at that time). In addition, before the Indemnitee may receive Advanced Amounts from the Company, the Indemnitee shall provide to the Company (i) a written affirmation of the Indemnitee's good faith belief that the applicable standard of conduct required for indemnification by the Company has been satisfied by the Indemnitee, and (ii) a written undertaking by or on behalf of the Indemnitee to repay the all Advanced Amounts if it shall ultimately be determined that the Indemnitee has is not satisfied any applicable standard entitled to indemnification under the terms of conductthis Agreement. The written undertaking required from the Indemnitee shall be an unlimited general obligation of the Indemnitee, but need not be secured. The Company shall pay to the Indemnitee all Advanced Amounts within ten business (10) days after receipt by the Company of all information and documentation required to be provided by the Indemnitee pursuant to this Section 3(b)paragraph.

Payment of Indemnified Amounts. (a) The Indemnitee hereby is granted the right to receive in advance of a final, nonappealable non-appealable judgment or other final adjudication of a Proceeding (a "“Final Determination"”) the amount of any and all expenses, including, without limitation, investigation expenses, expert witness' witness and attorneys' ’ fees and other expenses expended or incurred by the Indemnitee in connection with any Proceeding or otherwise expended or incurred by the Indemnitee (such amounts so expended or incurred being referred to as "“Advanced Amounts"”). (b) . In making any written request for the Advanced Amounts, the Indemnitee shall submit to the Company a schedule setting forth in reasonable detail the dollar amount expended or incurred and expected to be expended. Each such listing shall be supported by the xxxx, agreement or other documentation relating thereto, each of which shall be appended to the schedule as an exhibit. In addition, before the Indemnitee may receive Advanced Amounts from the Company, the Indemnitee shall provide to the Company (i) a written affirmation of the Indemnitee's ’s good faith belief that the applicable standard of conduct required for indemnification by the Company has been satisfied by the Indemnitee, Indemnitee and (ii) a written undertaking by or on behalf of the Indemnitee to repay the Advanced Amounts Amount if it shall ultimately be determined that the Indemnitee has not satisfied any applicable standard of conduct. The written undertaking required from the Indemnitee shall be an unlimited general obligation of the Indemnitee, Indemnitee but need not be secured. The Company shall pay to the Indemnitee all Advanced Amounts within ten (10) business days after receipt by the Company of all information and documentation required to be provided by the Indemnitee pursuant to this Section 3(b).