Common use of Pursuant to Section 1701 Clause in Contracts

Pursuant to Section 1701. 13(E)(6) of the ORC, without limiting any right which the Indemnitee may have pursuant to Section 2 hereof or any other provision of this Agreement or the Second Amended Articles of Incorporation of the Company (the "Articles"), the Restated Amended Code of Regulations (the "Regulations"), the ORC, any policy of insurance, or otherwise, but subject to any limitation on the maximum permissible indemnity which may exist under applicable law at the time of any request for indemnity hereunder and subject to the following provisions of this Section 3, the Company shall indemnify the Indemnitee against any amount which he is or becomes obligated to pay relating to or arising out of any claim made against him because of any act, failure to act or neglect or breach of duty, including any actual or alleged error, misstatement or misleading statement, which he commits, suffers, permits or acquiesces in while acting in his capacity as a Director of the Company. The payments which the Company is obligated to make pursuant to this Section 3 shall include, without limitation, judgments, fines, and amounts paid in settlement and any and all Expenses actually and reasonably incurred by the Indemnitee in connection therewith including any appeal of or from any judgment or decision; PROVIDED, HOWEVER, that the Company shall not be obligated under this Section 3 to make any payment in connection with any claim against the Indemnitee:

Appears in 1 contract

Samples: Indemnification Agreement (Caliber System Inc)

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Pursuant to Section 1701. 13(E)(6) of the ORC, without limiting any right which the Indemnitee may have pursuant to Section 2 hereof or any other provision of this Agreement or the Second Amended Articles of Incorporation of the Company (the "Articles"), the Restated Amended Code of Regulations (the "Regulations"), the ORC, any policy of insurance, or otherwise, but subject to any limitation on the maximum permissible indemnity which may exist under applicable law at the time of any request for indemnity hereunder and subject to the following provisions of this Section 3, the Company shall indemnify the Indemnitee against any amount which he is or becomes obligated to pay relating to or arising out of any claim made against him because of any act, failure to act or neglect or breach of duty, including any actual or alleged error, misstatement or misleading statement, which he commits, suffers, permits or acquiesces in while acting in his capacity as a Director an officer of the Company. The payments which the Company is obligated to make pursuant to this Section 3 shall include, without limitation, judgments, fines, and amounts paid in settlement and any and all Expenses actually and reasonably incurred by the Indemnitee in connection therewith including any appeal of or from any judgment or decision; PROVIDED, HOWEVER, that the Company shall not be obligated under this Section 3 to make any payment in connection with any claim against the Indemnitee:

Appears in 1 contract

Samples: Indemnification Agreement (Caliber System Inc)

Pursuant to Section 1701. 13(E)(6) of the ORC, without limiting any right which the Indemnitee may have pursuant to Section 2 hereof or any other provision of this Agreement or the Second Amended Articles of Incorporation of the Company (the "Articles"), the Restated Amended Code of Regulations (the "Regulations"), the ORC, any policy of insurance, or otherwise, but subject to any limitation on the maximum permissible indemnity which may exist under applicable law at the time of any request for indemnity hereunder and subject to the following provisions of this Section 3, the Company shall indemnify the Indemnitee against any amount which he is or becomes obligated to pay relating to or arising out of any claim made against him because of any act, failure to act act, or neglect or breach of duty, including any actual or alleged error, misstatement misstatement, or misleading statement, which he commits, suffers, permits permits, or acquiesces in while acting in his capacity as a Director an officer of the Company. The payments which the Company is obligated to make pursuant to this Section 3 shall include, include without limitation, judgments, fines, and amounts paid in settlement and any and all Expenses actually and reasonably incurred by the Indemnitee in connection therewith including any appeal of or from any judgment or decision; PROVIDEDprovided, HOWEVERhowever, that the Company shall not be obligated under this Section 3 to make any payment in connection with any claim against the Indemnitee:

Appears in 1 contract

Samples: Indemnification Agreement (Cleveland Cliffs Inc)

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Pursuant to Section 1701. 13(E)(6) of the ORC, without limiting any right which the Indemnitee may have pursuant to Section 2 hereof or any other provision of this Agreement or the Second Amended Articles of Incorporation Incorporation, as amended, of the Company (the "Articles"), the Restated Amended Code of Regulations (the "Regulations"), the ORC, any policy of insurance, or otherwise, but subject to any limitation on the maximum permissible indemnity which may exist under applicable law at the time of any request for indemnity hereunder and subject to the following provisions of this Section 3, the Company shall indemnify the Indemnitee against any amount which he is or becomes obligated to pay relating to or arising out of any claim made against him because of any act, failure to act or neglect or breach of duty, including any actual or alleged error, misstatement or misleading statement, which he commits, suffers, permits or acquiesces in while acting in his capacity as a Director or an officer of the Company. The payments which the Company is obligated to make pursuant to this Section 3 shall include, without limitation, judgments, fines, fines and amounts paid in settlement and any and all Expenses actually and reasonably incurred by the Indemnitee in connection therewith including any appeal of or from any judgment or decision; PROVIDEDprovided, HOWEVERhowever, that the Company shall not be obligated under this Section 3 to make any payment in connection with any claim against the Indemnitee:

Appears in 1 contract

Samples: Indemnification Agreement (Gorman Rupp Co)

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