Common use of Further Proceedings Clause in Contracts

Further Proceedings. If the forum selected in accordance with Section 8.3 is not a court, then after the final decision of such forum is rendered, the Company or Indemnitee shall have the right to apply to the Court of Chancery of Delaware, the court in which the proceeding giving rise to Indemnitee’s claim for indemnification is or was pending or any other court having jurisdiction of the subject matter and the parties, for the purpose of appealing the decision of such forum, provided that such right is executed within sixty (60) days after the final decision of such forum is rendered. If the forum selected in accordance with Section 8.3 is a court, then the rights of the Company or the Indemnitee to appeal any decision of such court shall be governed by the applicable laws and rules governing appeals of the decision of such court.

Further Proceedings. If the forum selected in accordance with Section 8.3 is not a court, then after the final decision of such forum is rendered, the Company or Indemnitee shall have the right to apply to the Court of Chancery of Delaware, the court in which the proceeding giving rise to Indemnitee’s claim for indemnification is or was pending or any other court having jurisdiction of the subject matter and the parties, for the purpose of appealing the decision of such forum, provided that such right is executed within sixty (60) 60 days after the final decision of such forum is rendered. If the forum selected in accordance with Section 8.3 is a court, then the rights of the Company or the Indemnitee to appeal any decision of such court shall be governed by the applicable laws and rules governing appeals of the decision of such court.