Common use of Repayment of Advances or Other Expenses Clause in Contracts

Repayment of Advances or Other Expenses. Indemnitee agrees that Indemnitee shall reimburse the Company for all amounts advanced by the Company pursuant to Section 4.01 if it is ultimately determined that Indemnitee is not entitled to be indemnified by the Company for such Expenses. Notwithstanding the foregoing, if Indemnitee seeks a judicial adjudication or an arbitration pursuant to Section 6.01(a), Indemnitee shall not be required to reimburse the Company pursuant to this Section 4.02 until a final determination (as to which all rights of appeal have been exhausted or lapsed) has been made.

Repayment of Advances or Other Expenses. Indemnitee hereby agrees that Indemnitee shall to reimburse the Company for all amounts advanced by the Company pursuant to Section 4.01 4.1, above, if it is ultimately determined that Indemnitee is not entitled hereunder to be indemnified by the Company for such Expenses. Notwithstanding the foregoing, if Indemnitee seeks a judicial adjudication or an arbitration pursuant to Section 6.01(a6.1(a), below, Indemnitee shall not be required to reimburse the Company pursuant to this Section 4.02 4.2 until a final determination (as to which all rights of appeal have been exhausted or lapsed) has been made.