Common use of Exception to Obligations Clause in Contracts

Exception to Obligations. Notwithstanding anything to the contrary in this Agreement, in the event that the Indemnitee is found by a nonappealable judgment of a court not to have acted in good faith and in a manner the Indemnitee reasonably believed to be in or not opposed to the best interests of the Company and/or Green Tech Products in connection with the matters that are or were the subject of the Litigation, then the Company shall be under no obligation to provide indemnification to the Indemnitee under this Agreement and the Indemnitee shall repay to the Company any Expenses paid or provided to the Indemnitee prior to such finding.