Common use of Unavailability of Satisfactory Coverage Clause in Contracts

Unavailability of Satisfactory Coverage. Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain D&O Insurance if the Company determines in good faith that such insurance is not reasonably available, or that the premium costs for such insurance are disproportionate to the amount of coverage provided or that the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit. The failure of the Company to obtain D&O Insurance or the decision by the Company not to obtain such coverage shall not have any detrimental effect on the Indemnitee's rights hereunder.