Common use of Making the Standard of Conduct Determination Clause in Contracts

Making the Standard of Conduct Determination. The Company shall use its reasonable best efforts to cause any Standard of Conduct Determination required under Section 9(b) to be made as promptly as practicable. If the person or persons designated to make the Standard of Conduct Determination under Section 9(b) shall not have made a determination within forty-five (45) days after the later of (A) receipt by the Company of a written request from Indemnitee for indemnification pursuant to Section 8 (the date of such receipt being the "Notification Date") and (B) the selection of an Independent Counsel, if such determination is to be made by Independent Counsel, then Indemnitee shall be deemed to have satisfied the applicable standard of conduct; provided that such forty-five (45) days period may be extended for a reasonable time, not to exceed an additional forty-five (45) days, if the person or persons making such determination in good faith requires such additional time to obtain or evaluate information relating thereto. Notwithstanding anything in this Agreement to the contrary, no determination as to entitlement of Indemnitee to indemnification under this Agreement shall be required to be made prior to the final disposition of any Claim.

Making the Standard of Conduct Determination. The Company shall use its reasonable best efforts to cause any Standard of Conduct Determination required under Section 9(b8(b) to be made as promptly as practicable. If the person or persons designated to make the Standard of Conduct Determination under Section 9(b8(b) shall not have made a determination within forty-five (45) 30 days after the later of (A) receipt by the Company of a written request from Indemnitee for indemnification pursuant to Section 8 7 (the date of such receipt being the "“Notification Date"”) and (B) the selection of an Independent Counsel, if such determination is to be made by Independent Counsel, then then, to the fullest extent authorized or permitted by the laws of the State of Colorado, Indemnitee shall be deemed to have satisfied the applicable standard of conduct; provided that such forty-five (45) days 30 day period may be extended for a reasonable time, not to exceed an additional forty-five (45) 30 days, if the person or persons making such determination in good faith requires such additional time to obtain or evaluate information relating thereto. Notwithstanding anything in this Agreement to the contrary, no determination as to entitlement of Indemnitee to indemnification under this Agreement shall be required to be made prior to the final disposition of any Claim.

Making the Standard of Conduct Determination. The Company shall use its reasonable best efforts to cause any Standard of Conduct Determination required under Section 9(b8(b) to be made as promptly as practicable. If the person or persons designated to make the Standard of Conduct Determination under Section 9(b8(b) shall not have made a determination within forty-five thirty (4530) days after the later of (A) receipt by the Company of a written request from Indemnitee for indemnification pursuant to Section 8 (the date of such receipt being the "Notification Date") and (Band(B) the selection of an Independent Counsel, if such determination is to be made by Independent Counsel, then Indemnitee shall be deemed to have satisfied the applicable standard of conduct; provided that such forty-five thirty- (4530) days day period may be extended for a reasonable time, not to exceed an additional forty-five thirty (4530) days, if the person or persons making such determination in good faith requires such additional time to obtain or evaluate information relating thereto. Notwithstanding anything in this Agreement to the contrary, no determination as to entitlement of Indemnitee to indemnification under this Agreement shall be required to be made prior to the final disposition of any Claim.

Making the Standard of Conduct Determination. The Company shall use its reasonable best efforts to cause any Standard of Conduct Determination required under Section 9(b8(b) to be made as promptly as practicable. If the person or persons designated to make the Standard of Conduct Determination under Section 9(b8(b) shall not have made a determination within forty-five (45) 30 days after the later of (A) receipt by the Company of a written request from the Indemnitee for Advancement Certification pursuant to Section 3 or indemnification pursuant to Section 8 7 (the date of such receipt being the "Notification Date") and (B) the selection of an Independent Counsel, if such determination is to be made by Independent Counsel, then Indemnitee shall be deemed to have satisfied the applicable standard of conduct; provided that such forty30-five (45) days day period may be extended for a reasonable time, not to exceed an additional forty-five (45) 15 days, if the person or persons making such determination in good faith requires such additional time to obtain or evaluate information relating theretothereto (such period, the "Determination Period"). Notwithstanding anything in this Agreement to the contrary, no determination as to entitlement of Indemnitee to indemnification under this Agreement shall be required to be made prior to the final disposition of any Claim.

Making the Standard of Conduct Determination. The Company shall use its reasonable best efforts to cause any Standard of Conduct Determination required under Section 9(b) [Standard of Conduct] to be made as promptly as practicable. If the person or persons designated to make the Standard of Conduct Determination under Section 9(b) [Standard of Conduct] shall not have made a determination within forty-five thirty (4530) days after the later of (A) receipt by the Company of a written request from Indemnitee for indemnification pursuant to Section 8 (the date of such receipt being the "“Notification Date"”) and (B) the selection of an Independent Counsel, if such determination is to be made by Independent Counsel, then Indemnitee shall be deemed to have satisfied the applicable standard of conduct; provided that such forty-five thirty (4530) days day period may be extended for a reasonable time, not to exceed an additional forty-five fifteen (4515) days, if the person or persons making such determination in good faith requires such additional time to obtain or evaluate information relating thereto. Notwithstanding anything in this Agreement to the contrary, no determination as to entitlement of Indemnitee to indemnification under this Agreement shall be required to be made prior to the final disposition of any Claim.