Common use of Indemnification of Non-Parties Clause in Contracts

Indemnification of Non-Parties. The Company shall have the power and authority to indemnify any person who is not a party to a Proceeding but is involved therein as a witness or otherwise by reason of such person’s being or having been an Agent of the Company against any and all expenses reasonably and actually incurred therein in connection with such participation or involvement in such Proceeding. Any such indemnification of Agents which are not parties but are otherwise involved in such Proceedings shall be subject to authorization in accordance with Section 5.5(e). AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT

Indemnification of Non-Parties. The Company shall have the power and authority to indemnify any person who is not a party to a Proceeding but is involved therein as a witness or otherwise by reason of such person’s being or having been an Agent of the Company against any and all expenses reasonably and actually incurred therein in connection with such participation or involvement in such Proceeding. Any such indemnification of Agents which are not parties but are otherwise involved in such Proceedings shall be subject to authorization in accordance with Section 5.5(e). AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT.

Indemnification of Non-Parties. The Company shall have the power and authority to indemnify any person who is not a party to a Proceeding but is involved therein as a witness or otherwise by reason of such person’s being or having been an Agent of the Company against any SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT and all expenses reasonably and actually incurred therein in connection with such participation or involvement in such Proceeding. Any such indemnification of Agents which are not parties but are otherwise involved in such Proceedings shall be subject to authorization in accordance with Section 5.5(e). AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT.