Common use of Effect of Judgment Clause in Contracts

Effect of Judgment. Notwithstanding 11.2.1, an Indemnitee shall not be indemnified with respect to matters as to which the Indemnitee shall have been finally adjudicated in any such action, suit or proceeding to have acted in bad faith or to have acted in a manner that constituted willful misfeasance, gross negligence or reckless disregard of the duties involved in the conduct of such Indemnitee’s position.

Effect of Judgment. Notwithstanding 11.2.1, an Indemnitee shall not be indemnified with respect to matters as to which the Indemnitee shall have been finally adjudicated in any such action, suit or proceeding to have acted in bad faith or to have acted in a manner that constituted willful misfeasance, gross negligence or reckless disregard in of the duties involved in the conduct of such Indemnitee’s position.

Effect of Judgment. Notwithstanding 11.2.1, an An Indemnitee shall not be indemnified with respect to matters as to which the Indemnitee shall have been finally adjudicated in any such action, suit or proceeding (a) not to have acted in bad good faith and in the reasonable belief that the Indemnitee’s action was in, or not opposed to, the best interests of the Partnership; (b) to have intentionally and materially breached this Agreement; or (c) to have committed fraud or a felony or acted in a manner that constituted willful misfeasance, with gross negligence or reckless disregard of the duties involved in the conduct of such Indemnitee’s positionintentional misconduct.

Effect of Judgment. Notwithstanding 11.2.1, an Indemnitee shall not be indemnified with respect to matters as to which the Indemnitee shall have been finally adjudicated in any such action, suit or proceeding to have acted in bad faith or to have acted in a manner that constituted fraud, willful misfeasance, bad faith, gross negligence negligence, a material violation of applicable U.S. federal securities laws, or reckless disregard of the duties involved in the conduct of such Indemnitee’s position.

Effect of Judgment. Notwithstanding 11.2.112.2.1, an Indemnitee shall not be indemnified with respect to matters as to which the Indemnitee shall have been finally adjudicated in any such action, suit or proceeding to have acted in bad faith or to have acted in a manner that constituted with willful misfeasance, gross negligence or reckless disregard of the duties involved in the conduct of such Indemnitee’s positionmisconduct.

Effect of Judgment. Notwithstanding 11.2.1, an An Indemnitee shall not be indemnified with respect to matters as to which the Indemnitee shall have been finally adjudicated in any such action, suit or proceeding to have acted in bad faith or to have acted in a manner that constituted willful misfeasance, gross negligence or reckless disregard in of the duties involved in the conduct of such Indemnitee’s position.