Provisions Nonexclusive. Any indemnification provided by or authorized pursuant to this Section 5.5 shall not be exclusive of any other rights to which any person may be entitled under any agreement or contract, both as to action in an official capacity and as to action in another capacity while holding such office. To the extent any agreement or contract is inconsistent with this Section 5.5, such agreement or contract shall take precedence. Nothing contained in this Section 5.5 shall affect any right of indemnification to which persons other than the Manager and the officers of the Company may be entitled, by agreement, contract or otherwise.
Provisions Nonexclusive. The rights conferred on any person by this Article shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Certificate of Incorporation, agreement, vote of stockholders or disinterested directors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding such office. To the extent that any provision of the Certificate, agreement, or vote of the stockholders or disinterested directors is inconsistent with these bylaws, the provision, agreement, or vote shall take precedence.
Provisions Nonexclusive. The indemnification provided by this Article shall not be deemed exclusive of any other rights to which a person seeking indemnification may be entitled under any bylaw, agreement, vote of stockholders or disinterested Directors or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office and shall continue as to a person who has ceased to be a Director, officer, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such a person.
Provisions Nonexclusive. The right to indemnification and the payment of expenses incurred in defending a proceeding in advance of its final disposition conferred on any Covered Person by this Section 15 shall not be exclusive of any other rights which such Covered Person may have or hereafter acquire under any statute, provision of this Agreement, agreement, vote of the Member(s) or the Board or otherwise. The Company may enter into agreements providing for indemnity of or advancement of expenses to a Manager or Officer containing such provisions further to or alternative to the provisions of this Section 15 as the Board determines is in the best interests of the Company. However, notwithstanding the foregoing, unless expressly agreed to in writing by the Company, the Company’s obligation to indemnify or to advance expenses to any Covered Person who was or is serving at its request as a director, officer, manager, partner, trustee, employee or agent of another corporation, limited liability company, partnership, joint venture, employee benefit plan, trust, nonprofit entity or other enterprise shall be reduced by any amount such person has collected as indemnification from any such other corporation, limited liability company, partnership, joint venture, employee benefit plan, trust, nonprofit entity or other enterprise; and, in the event the Company has fully paid such expenses, the Covered Person shall return to the Company any amounts subsequently received from such other source of indemnification.
Provisions Nonexclusive. The indemnification and advancement of expenses provided by, or granted pursuant to, the other sections of this Article V shall not be deemed exclusive of any other rights to which any person seeking indemnification or advancement of expenses may be entitled under the articles of incorporation or under any other bylaw, agreement, insurance policy, vote of stockholders or disinterested directors, statute or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office.
Provisions Nonexclusive. 19 ii. 113
Provisions Nonexclusive. The rights conferred on any person by this Article 6 shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Certificate of Formation, agreement, or otherwise, both as to action in an official capacity and as to action in another capacity while holding such office.
