Settlement of Proceedings. In the case of a Proceeding by Indemnitee to establish or enforce a right of Indemnitee under this Agreement, the Corporation shall have the right at any time during such Proceeding to make the determination that it is in the best interests of the Corporation to settle the Proceeding, and to pay all or part of the indemnity sought as a part of such settlement.
Appears in 12 contracts
Samples: Indemnification Agreement (Armstrong Coal Company, Inc.), Indemnification Agreement (Armstrong Energy, Inc.), Indemnification Agreement (Peak Resorts Inc)
Settlement of Proceedings. In the case of a Proceeding by Indemnitee to establish or enforce a right of Indemnitee under this Agreement, the Corporation and Indemnitee, shall work in good faith and have the right at any time mutual right, during such Proceeding to make the determination that it is in the best interests of the Corporation to settle the Proceeding, and to pay all or part of the indemnity sought as a part of such settlement..
Appears in 2 contracts
Samples: Indemnification Agreement (Peak Resorts Inc), Executive Employment Agreement (Peak Resorts Inc)
