Common use of Limitation of Indemnification Clause in Contracts

Limitation of Indemnification. 10.1 Notwithstanding any other terms of this Agreement, nothing herein shall indemnify Indemnitee against, or exempt Indemnitee from, any liability in respect of Indemnitee’s gross negligence and willful intent pursuant to Art. 100 § 1 of the Swiss Code of Obligations; provided however, that to the extent Swiss applicable law changes after the date of this Agreement so that the Company may, under such law, at the applicable time, indemnify Indemnitee to an extent greater than provided in this clause 10 (as a result of the restrictions contained in this clause 10), the Company shall indemnify Indemnitee without regard to the restrictions contained in this clause 10 to the fullest extent permitted under applicable law at such time.

Limitation of Indemnification. 10.1 Notwithstanding any other terms of this Agreement, nothing herein shall indemnify Indemnitee against, or exempt Indemnitee from, any liability in respect of Indemnitee’s gross negligence and willful unlawful intent pursuant to Art. 100 § 1 (or comparable section then existing) of the Swiss Code of Obligations; provided however, that that, to the extent Swiss applicable law changes after the date of this Agreement so that the Company may, under such law, at the applicable time, indemnify Indemnitee to an extent greater than provided in this clause 10 (as a result of the restrictions contained in this clause 10), the Company shall indemnify Indemnitee without regard to the restrictions contained in this clause 10 to the fullest extent permitted under applicable law at such time.

Limitation of Indemnification. 10.1 Notwithstanding any other terms of this Agreement, nothing herein shall indemnify Indemnitee against, or exempt Indemnitee from, any liability in respect of Indemnitee’s gross negligence and willful intent pursuant to Art. 100 § 1 (or comparable section then existing) of the Swiss Code of Obligations; provided however, that to the extent Swiss applicable law changes after the date of this Agreement so that the Company may, under such law, at the applicable time, indemnify Indemnitee to an extent greater than provided in this clause 10 (as a result of the restrictions contained in this clause 10), the Company shall indemnify Indemnitee without regard to the restrictions contained in this clause 10 to the fullest extent permitted under applicable law at such time.