Common use of In Advance of Final Disposition Clause in Contracts

In Advance of Final Disposition. Except as provided in Section 7.3.2, reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Company in advance of the final disposition of the proceeding upon receipt by the Company of (a) a written affirmation by the Indemnitee of the Indemnitee’s good faith belief that the standard of conduct necessary for indemnification by the Company as authorized in this Section 7.6 has been met and (b) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.

Appears in 4 contracts

Samples: Lease Agreement (Skechers Usa Inc), Development Management Agreement (Skechers Usa Inc), Development Management Agreement (Skechers Usa Inc)

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In Advance of Final Disposition. Except as provided in Section 7.3.2, reasonable Reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Company Partnership in advance of the final disposition of the proceeding upon receipt by the Company Partnership of (a) a written affirmation by the Indemnitee of the Indemnitee’s 's good faith belief that the standard of conduct necessary for indemnification by the Company Partnership as authorized in this Section 7.6 7.7 has been met met, and (b) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.

Appears in 4 contracts

Samples: Baron Capital Trust, Hub Group Inc, Baron Capital Trust

In Advance of Final Disposition. Except as provided in Section 7.3.27.13, reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Company Partnership in advance of the final disposition of the proceeding upon receipt by the Company Partnership of (a) a written affirmation by the Indemnitee of the Indemnitee’s 's good faith belief that the standard of conduct necessary for indemnification by the Company Partnership as authorized in this Section 7.6 7.8 has been met met, and (b) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has was not been met.

Appears in 2 contracts

Samples: Public Storage Properties Xi Inc, Public Storage Properties Xi Inc

In Advance of Final Disposition. Except as provided in Section 7.3.2, reasonable Reasonable expenses incurred by an each Indemnitee who is a party to a proceeding may be paid or reimbursed by the Company in advance of the final disposition of the proceeding upon receipt by the Company of (ai) a written affirmation by the such Indemnitee of the Indemnitee’s good faith belief that the standard of conduct necessary for indemnification by the Company as authorized in this Section 7.6 7.7 has been met and (bii) a written undertaking by or on behalf of the such Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.

Appears in 1 contract

Samples: Fourth Amended And (Developers Diversified Realty Corp)

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In Advance of Final Disposition. Except as provided in Section 7.3.2, reasonable Reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Company Partnership in advance of the final disposition of the proceeding upon receipt by the Company Partnership of (ai) a written affirmation by the Indemnitee of the Indemnitee’s 's good faith belief that the standard of conduct necessary for indemnification by the Company Partnership as authorized in this Section 7.6 7.7 has been met and (bii) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.

Appears in 1 contract

Samples: Security Capital Atlantic Inc

In Advance of Final Disposition. Except as provided in Section 7.3.2, reasonable Reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Company Partnership in advance of the final disposition of the proceeding upon receipt by the Company Partnership of (ai) a written affirmation by the Indemnitee of the Indemnitee’s 's good faith belief that the standard of conduct necessary for indemnification by the Company Partnership as authorized in this Section 7.6 SECTION 7.7 has been met met, and (bii) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.

Appears in 1 contract

Samples: Rodamco North America N V

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