Common use of Court Decisions Clause in Contracts

Court Decisions. KCD shall not indemnify Director in respect of any claim, issue or matter as to which a court adjudges Director liable to KCD in performing Director's duty to KCD and KCD's shareholders, unless the court shall determine upon application that, in view of all the circumstances of the case, Director is fairly and reasonably entitled to indemnify for expenses, and then only to the extent that the court shall determine.