Common use of Claims Initiated by Xxxxxxxxxx Clause in Contracts

Claims Initiated by Xxxxxxxxxx. To indemnify or advance expenses to Indemnitee with respect to Proceedings or claims initiated or brought voluntarily by Xxxxxxxxxx and not by way of defense, other than: (i) Proceedings under Sections 4(b) or 4(c); (ii) Proceedings brought to establish or enforce a right to indemnification under this Agreement or the provisions of the Company’s Articles of Incorporation or Bylaws unless a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such Proceeding were not made in good faith or were frivolous; or (iii) proceedings or claims instituted by Indemnitee with the approval by the Board;

Claims Initiated by Xxxxxxxxxx. To indemnify or advance expenses Expenses to Indemnitee with respect to Proceedings or claims initiated or brought voluntarily by Xxxxxxxxxx and not by way of defense, defense (other than: (i) Proceedings under Sections 4(b6(b) or 4(c); 6(c); (ii) Proceedings proceedings brought to establish or enforce a right to indemnification under this Agreement or the provisions of the Company’s Articles of Incorporation or Bylaws unless a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such Proceeding were not made in good faith or were frivolous; frivolous; or (iii) proceedings or claims instituted by Indemnitee with the approval by the Board;Board); or