Common use of Liability Insurance and Indemnification Clause in Contracts

Liability Insurance and Indemnification. The Company represents and warrants that it has in place Directors and Officers liability Insurance Policies, naming Employee as an insured against any and all claims, actions, causes of action, lawsuits or investigations which could be brought against employee in his capacity as an employee, director or officer of the Company and any of its subsidiaries, subject only to the specific exclusions set forth in said policies, including without limitation, any exclusion for fraud, willful misconduct, or misrepresentation. For the period of time for which Employee is an employee of the Company, the Company shall maintain these policies and timely pay all premiums due under those policies. The Company shall acquire such “tail” or other policies of insurance to continue the coverage of Employee, should he no longer be employed by the Company to cover any subsequent claims, actions, lawsuits, causes of action or investigations brought against Employee while in the capacity as an employee of the Company. The Company shall indemnify and hold Employee harmless to the greatest extent permitted by the law, from any action, claim, lawsuit, cause of action or investigation brought against Employee as an employee, officer or director of the Company and any of its subsidiaries, regardless of whether the Directors and Officers Liability Insurance Policies are in place, and regardless of whether Employee has ceased to be employed by the Company, or otherwise. This agreement by the Company to indemnify and hold Employee harmless shall include the Company’s obligation to pay all damages, injuries and penalties incurred by Employee or against Employee, and Employee’s costs and reasonable attorneys’ fees. This agreement to indemnify and hold harmless shall not apply if and only if Employee is convicted of a felony which is affirmed on appeals or is not appealed, or is found guilty, by final verdict, of fraud or willful misconduct.

Liability Insurance and Indemnification. The Company represents and warrants that it has in place Directors directors and Officers officers liability insurance policies (the "D & O Insurance Policies"), naming Employee Executive as an insured against any and all claims, actions, causes of action, lawsuits or investigations which could be brought against employee Executive in his capacity as an employee, director or officer Senior Vice President and Chief Financial Officer of the Company and any of its subsidiariesCompany, subject only to the specific exclusions set forth in said policies, including without limitation, any exclusion for fraud, willful misconduct, or misrepresentation. For the period of time for which Employee Executive is an employee of the Company, the Company shall maintain these policies and timely pay all premiums due under those these policies. The Company shall acquire such “"tail” " or other policies of insurance to continue the coverage of EmployeeExecutive, should he no longer be employed by the Company to cover any subsequent claims, actions, lawsuits, causes of action or investigations brought against Employee Executive while in the capacity as an employee of Senior Vice President and Chief Financial Officer of the Company. The Company shall indemnify and hold Employee Executive harmless to the greatest extent permitted by the law, from any action, claim, lawsuit, cause of action or investigation brought against Employee Executive as an employee, officer or director the Senior Vice President and Chief Financial Officer of the Company and any of its subsidiariesCompany, regardless of whether the Directors and Officers Liability D & O Insurance Policies are in place, and regardless of whether Employee Executive has ceased to be employed by left the Companyemploy of the Company as Senior Vice President and Chief Financial Officer, or otherwise. This agreement by the Company to indemnify and hold Employee Executive harmless shall include the Company’s 's obligation to pay all damages, injuries and penalties incurred by Employee Executive or against EmployeeExecutive, and Employee’s Executive's costs and reasonable attorneys’ ' fees. This agreement to indemnify and hold harmless shall not apply if and only if Employee Executive is convicted of a felony which is affirmed on appeals or is not appealed, or is found guilty, by final verdict, of fraud or willful misconduct.

Liability Insurance and Indemnification. The Company represents and warrants that it has in place Directors directors and Officers officers liability insurance policies (the "D & O Insurance Policies"), naming Employee Executive as an insured against any and all claims, actions, causes of action, lawsuits or investigations which could be brought against employee Executive in his capacity as an employee, director or officer Senior Vice President and Chief Operating Officer of the Company and any of its subsidiariesCompany, subject only to the specific exclusions set forth in said policies, including without limitation, any exclusion for fraud, willful misconduct, or misrepresentation. For the period of time for which Employee Executive is an employee of the Company, the Company shall maintain these policies and timely pay all premiums due under those these policies. The Company shall acquire such “"tail” " or other policies of insurance to continue the coverage of EmployeeExecutive, should he no longer be employed by the Company to cover any subsequent claims, actions, lawsuits, causes of action or investigations brought against Employee Executive while in the capacity as an employee of Senior Vice President and Chief Operating Officer of the Company. The Company shall indemnify and hold Employee Executive harmless to the greatest extent permitted by the law, from any action, claim, lawsuit, cause of action or investigation brought against Employee Executive as an employee, officer or director the Senior Vice President and Chief Operating Officer of the Company and any of its subsidiariesCompany, regardless of whether the Directors and Officers Liability D & O Insurance Policies are in place, and regardless of whether Employee Executive has ceased to be employed by left the Company, employ of the Company as Senior Vice President and Chief Operating Officer or otherwise. This agreement by the Company to indemnify and hold Employee Executive harmless shall include the Company’s 's obligation to pay all damages, injuries and penalties incurred by Employee Executive or against EmployeeExecutive, and Employee’s Executive's costs and reasonable attorneys’ ' fees. This agreement to indemnify and hold harmless shall not apply if and only if Employee Executive is convicted of a felony which is affirmed on appeals or is not appealed, or is found guilty, by final verdict, of fraud or willful misconduct.

Liability Insurance and Indemnification. The Company represents and warrants that it Gastar has in place Directors and Officers liability Insurance Policies, naming Employee Xxxxxx as an insured against any and all claims, actions, causes of action, lawsuits or investigations which could be brought against employee Xxxxxx in his capacity as an employee, director or officer President and Chief Executive Officer of the Company and any of its subsidiariesGastar, subject only to the specific exclusions set forth in said policies, including without limitation, any exclusion for fraud, willful misconduct, or misrepresentationPolicies. For the duration of the period of time for which Employee is Xxxxxx shall be an employee of the Company, including as the President and Chief Executive Officer of Gastar, the Company shall maintain these policies and timely pay all premiums due under those policies. The Company shall acquire such “tail” or other policies of insurance to continue the coverage of EmployeeXxxxxx, should he no longer be employed by the Company to cover any subsequent claims, actions, lawsuits, causes of action or investigations brought against Employee Xxxxxx while in the capacity as an employee of President and CEO of the Company. The Company shall indemnify and hold Employee Xxxxxx harmless to the greatest extent permitted by the law, from any action, claim, lawsuit, cause of action or investigation brought against Employee Xxxxxx, as an employee, officer or director the President and Chief Executive Officer of the Company and any of its subsidiariesCompany, regardless of whether the Directors and Officers Liability Insurance Policies are in place, and regardless of whether Employee Xxxxxx has ceased to be employed by left the Companyemploy of the Company as President, CEO, or otherwise. This agreement by the Company to indemnify and hold Employee Xxxxxx harmless shall include the Company’s obligation to pay all damages, injuries and penalties incurred by Employee Xxxxxx or against EmployeeXxxxxx, and Employee’s Xxxxxx’x costs and reasonable attorneys’ fees. This agreement to indemnify and hold harmless shall not apply if and only if Employee Xxxxxx is convicted of a felony which is affirmed on appeals or is not appealed, or is found guilty, by final verdict, of fraud or willful misconductfraud.

Liability Insurance and Indemnification. The Company represents and warrants that it Gastar has in place Directors and Officers liability Insurance Policies, naming Employee Xxxxxxx as an insured against any and all claims, actions, causes of action, lawsuits or investigations which could be brought against employee Xxxxxxx in his capacity as an employee, director or officer Vice President and Chief Financial Officer of the Company and any of its subsidiariesGastar, subject only to the specific exclusions set forth in said policiesPolicies, including without limitation, any exclusion for fraud, willful misconduct, or misrepresentation. For the period of time for which Employee Xxxxxxx is an employee of the Company, the Company shall maintain these policies and timely pay all premiums due under those policies. The Company shall acquire such “tail” or other policies of insurance to continue the coverage of EmployeeXxxxxxx, should he no longer be employed by the Company to cover any subsequent claims, actions, lawsuits, causes of action or investigations brought against Employee Xxxxxxx while in the capacity as an employee of CFO of the Company. The Company shall indemnify and hold Employee Xxxxxxx harmless to the greatest extent permitted by the law, from any action, claim, lawsuit, cause of action or investigation brought against Employee Xxxxxxx, as an employee, officer or director the Vice President and Chief Financial Officer of the Company and any of its subsidiariesCompany, regardless of whether the Directors and Officers Liability Insurance Policies are in place, and regardless of whether Employee Xxxxxxx has ceased to be employed by left the Companyemploy of the Company as Vice President, CFO, or otherwise. This agreement by the Company to indemnify and hold Employee Xxxxxxx harmless shall include the Company’s obligation to pay all damages, injuries and penalties incurred by Employee Xxxxxxx or against EmployeeXxxxxxx, and Employee’s Xxxxxxx’x costs and reasonable attorneys’ fees. This agreement to indemnify and hold harmless shall not apply if and only if Employee Xxxxxxx is convicted of a felony which is affirmed on appeals or is not appealed, or is found guilty, by final verdict, of fraud or willful misconduct.

Liability Insurance and Indemnification. The Company represents and warrants that it has in place Directors directors and Officers officers liability insurance policies (the “D & O Insurance Policies”), naming Employee Executive as an insured against any and all claims, actions, causes of action, lawsuits or investigations which could be brought against employee Executive in his capacity as an employee, director or officer Chief Executive Officer of the Company and any of its subsidiariesCompany, subject only to the specific exclusions set forth in said policies, including without limitation, any exclusion for fraud, willful misconduct, or misrepresentation. For the period of time for which Employee Executive is an employee of the Company, the Company shall maintain these policies and timely pay all premiums due under those these policies. The Company shall acquire such “tail” or other policies of insurance to continue the coverage of EmployeeExecutive, should he no longer be employed by the Company to cover any subsequent claims, actions, lawsuits, causes of action or investigations brought against Employee Executive while in the capacity as an employee of Chief Executive Officer of the Company. The Company shall indemnify and hold Employee Executive harmless to the greatest extent permitted by the law, from any action, claim, lawsuit, cause of action or investigation brought against Employee Executive as an employee, officer or director the Chief Executive Officer of the Company and any of its subsidiariesCompany, regardless of whether the Directors and Officers Liability D & O Insurance Policies are in place, and regardless of whether Employee Executive has ceased to be employed by left the Company, employ of the Company as Chief Executive Officer or otherwise. This agreement by the Company to indemnify and hold Employee Executive harmless shall include the Company’s obligation to pay all damages, injuries and penalties incurred by Employee Executive or against EmployeeExecutive, and EmployeeExecutive’s costs and reasonable attorneys’ fees. This agreement to indemnify and hold harmless shall not apply if and only if Employee Executive is convicted of a felony which is affirmed on appeals or is not appealed, or is found guilty, by final verdict, of fraud or willful misconduct.