Common use of Right of Indemnitee to Appeal an Adverse Determination by Board Clause in Contracts

Right of Indemnitee to Appeal an Adverse Determination by Board. If a Determination is made by the Company’s Board of Directors or a committee thereof that the Indemnitee is not entitled to indemnification, upon written request of the Indemnitee and the Indemnitee’s delivery of $500 to the Company, the Company shall cause a new Determination to be made by the Company’s stockholders at the next regular or special meeting of stockholders. Unless a court determines otherwise, such Determination by the Company’s stockholders shall be binding and conclusive for all purposes of this Agreement.

Right of Indemnitee to Appeal an Adverse Determination by Board. If a Determination is made by the Company’s Board of Directors or a committee thereof that the Indemnitee is not entitled to indemnificationindemnification under this Section 3, upon the written request of the Indemnitee and the Indemnitee’s delivery of $500 5,000 to the Company, the Company shall cause a new Determination to be made by the Company’s stockholders shareholders at the next regular or special meeting of stockholdersshareholders. Unless a court determines otherwise, such Such Determination by the Company’s stockholders shareholders shall be binding and conclusive for all purposes of this Agreement.

Right of Indemnitee to Appeal an Adverse Determination by Board. If a Determination determination is made by the Company’s Board of Directors or a committee thereof that the Indemnitee is not entitled to indemnification, upon written request of the Indemnitee and the Indemnitee’s delivery of $500 to the Company, the Company shall cause a new Determination determination to be made by the Company’s stockholders at the next regular or special meeting of stockholders. Unless a court determines otherwise, such Determination determination by the Company’s stockholders shall be binding and conclusive for all purposes of this Agreement.