Common use of Insurance; Subrogation Clause in Contracts

Insurance; Subrogation. a. The Company may purchase and maintain insurance on behalf of the Committee Member against any Liability and/or Expense asserted against him and/or incurred by or on behalf of him in such capacity as a Special Committee member or other employee or agent of the Company and/or of an Affiliate, or arising out of his status as such, whether or not the Company would have the power to indemnify him against such Liability or advance of Expenses under the provisions of this Agreement or under the Statute as it may then be in effect. Except as expressly provided herein, the purchase and maintenance of such insurance shall not in any way limit or affect the rights and obligations of the Company and/or the Committee Member under this Agreement and the execution and delivery of this Agreement by the Company and the Committee Member shall not in any way be construed to limit or affect the rights and obligations of the Company and/or of the other party or parties thereto under any such policy or agreement of insurance.

Insurance; Subrogation. a. The Company may purchase and maintain insurance on behalf of the Committee Member Executive against any Liability and/or Expense asserted against him and/or incurred by or on behalf of him in such capacity as a Special Committee member an executive or other employee or agent of the Company and/or of an Affiliate, or arising out of his status as such, whether or not the Company would have the power to indemnify him against such Liability or advance of Expenses under the provisions of this Agreement or under the Statute as it may then be in effect. Except as expressly provided herein, the purchase and maintenance of such insurance shall not in any way limit or affect the rights and obligations of the Company and/or the Committee Member Executive under this Agreement and the execution and delivery of this Agreement by the Company and the Committee Member Executive shall not in any way be construed to limit or affect the rights and obligations of the Company and/or of the other party or parties thereto under any such policy or agreement of insurance.

Insurance; Subrogation. a. The Company may purchase and maintain insurance on behalf of the Committee Member Executive against any Liability and/or or Expense asserted against him and/or or her or incurred by or on behalf of him or her in such capacity as a Special Committee member an executive or other employee or agent of the Company and/or or of an Affiliate, or arising out of his status as such, whether or not the Company would have the power to indemnify him or her against such Liability or advance of Expenses under the provisions of this Agreement or under the Statute as it may then be in effect. Except as expressly provided herein, the purchase and maintenance of such insurance shall not in any way limit or affect the rights and obligations of the Company and/or and the Committee Member Executive under this Agreement and the execution and delivery of this Agreement by the Company and the Committee Member Executive shall not in any way be construed to limit or affect the rights and obligations of the Company and/or and of the other party or parties thereto under any such policy or agreement of insurance.