Common use of Non-Exclusivity; Insurance; Subrogation Clause in Contracts

Non-Exclusivity; Insurance; Subrogation. (a) The rights of indemnification, advancement of Expenses and other rights of the Indemnitee under this Agreement shall be in addition to any other rights to which an the Indemnitee may be entitled under any agreement, including (1) the LLC Agreement; (2) pursuant to those rights adopted by any vote of the unit holders; (3) as a matter of law; or (4) otherwise, as to actions in the Indemnitee’s capacity as an Enterprise Fiduciary. No amendment or modification of this Agreement or of any provision hereof shall limit or restrict any right of the Indemnitee under this Agreement in respect of any action taken or omitted by such the Indemnitee in the Indemnitee’s capacity as an Enterprise Fiduciary prior to such amendment, alteration or repeal. To the extent that an amendment or modification of the LLC Agreement, whether by law, amendment or otherwise, or an amendment to Delaware law, permits greater indemnification than would be afforded currently under this Agreement, it is the intent of the parties hereto that the Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right and remedy shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other right or remedy.

Appears in 13 contracts

Samples: Indemnity Agreement (Linn Energy, LLC), Indemnity Agreement (Linn Energy, LLC), Indemnity Agreement (Linn Energy, LLC)

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Non-Exclusivity; Insurance; Subrogation. (a) The rights of indemnification, advancement of Expenses and other rights of the Indemnitee under this Agreement shall be in addition to any other rights to which an the Indemnitee may be entitled under any agreement, including (1i) the LLC AgreementOrganizational Documents; (2ii) pursuant to those rights adopted by any vote of the unit holdersshareholders; (3iii) as a matter of law; or (4iv) otherwise, as to actions in the Indemnitee’s capacity as an Enterprise Fiduciary. No amendment or modification of this Agreement or of any provision hereof shall limit or restrict any right of the Indemnitee under this Agreement in respect of any action taken or omitted by such the Indemnitee in the Indemnitee’s capacity as an Enterprise Fiduciary prior to such amendment, alteration or repeal. To the extent that an amendment or modification of the LLC AgreementOrganizational Documents, whether by law, amendment or otherwise, or an amendment to Delaware law, permits greater indemnification than would be afforded currently under this Agreement, it is the intent of the parties hereto that the Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right and remedy shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other right or remedy.

Appears in 10 contracts

Samples: Indemnity Agreement (Roan Resources, Inc.), Indemnity Agreement (Roan Resources, Inc.), Indemnity Agreement (Roan Resources, Inc.)

Non-Exclusivity; Insurance; Subrogation. (a) The rights of indemnification, advancement indemnification as provided by this Indemnification Supplement shall not be deemed exclusive of Expenses and other rights of the Indemnitee under this Agreement shall be in addition to any other rights to which an the a COAC Indemnitee may at any time be entitled entitled, if any, under Applicable Law, Client’s Governance Documents or any policies in effect at Client from time-to-time or under any agreement, including (1) the LLC Agreement; (2) pursuant to those rights adopted by any vote of the unit holders; (3) as a matter of law; or (4) otherwise, as to actions in the Indemnitee’s capacity as an Enterprise Fiduciaryother arrangement. No amendment amendment, alteration or modification repeal of this Agreement Indemnification Supplement or of any provision hereof shall limit or restrict any right of the a COAC Indemnitee under this Agreement Indemnification Supplement in respect of any action taken or omitted by such the COAC Indemnitee in the Indemnitee’s capacity as an Enterprise Fiduciary prior to such amendment, alteration or repeal. To the extent that an amendment or modification of the LLC Agreementa change in Applicable Law, whether by law, amendment statute or otherwise, or an amendment to Delaware lawjudicial decision, permits greater indemnification than would be afforded currently under Client’s Governance Documents or this AgreementIndemnification Supplement, it is the intent of the parties hereto that Parties that, subject in all cases to Section 3.3 of the Indemnitee Master Agreement to which this Exhibit is attached, the COAC Indemnitees shall enjoy by this Agreement Indemnification Supplement the greater benefits so afforded by such change. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right and remedy shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other right or remedy.

Appears in 3 contracts

Samples: Master Consulting and Advisory Services Agreement (Cerberus Telecom Acquisition Corp. II), Master Consulting and Advisory Services Agreement (Cerberus Telecom Acquisition Corp.), Master Consulting and Advisory Services Agreement (Cerberus Telecom Acquisition Corp.)

Non-Exclusivity; Insurance; Subrogation. (a) The rights of indemnification, advancement of Expenses and other rights of the Indemnitee under this Agreement shall be in addition to any other rights to which an the Indemnitee may be entitled under any agreement, including (1) the LLC AgreementOrganizational Documents; (2) pursuant to those rights adopted by any vote of the unit holdersCompany’s shareholders; (3) as a matter of law; or (4) otherwise, as to actions in the Indemnitee’s capacity as an Enterprise Fiduciary. No amendment or modification of this Agreement or of any provision hereof shall limit or restrict any right of the Indemnitee under this Agreement in respect of any action taken or omitted by such the Indemnitee in the Indemnitee’s capacity as an Enterprise Fiduciary prior to such amendment, alteration or repeal. To the extent that an amendment or modification of the LLC AgreementOrganizational Documents, whether by law, amendment or otherwise, or an amendment to Delaware law, permits greater indemnification than would be afforded currently under this Agreement, it is the intent of the parties hereto that the Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right and remedy shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other right or remedy.

Appears in 2 contracts

Samples: Indemnity Agreement (Riviera Resources, Inc.), Indemnity Agreement (Riviera Resources, LLC)

Non-Exclusivity; Insurance; Subrogation. (a) The rights of indemnification, advancement indemnification as provided by this Indemnification Supplement shall not be deemed exclusive of Expenses and other rights of the Indemnitee under this Agreement shall be in addition to any other rights to which an the Indemnitee may at any time be entitled under applicable law, the Limited Liability Agreement of DynCorp (the "LCC Agreement"), any agreement, including (1) the LLC Agreement; (2) pursuant to those rights adopted by policies in effect at DynCorp from time-to-time or any vote of the unit holders; (3) as a matter of law; or (4) otherwise, as to actions in the Indemnitee’s capacity as an Enterprise Fiduciaryother arrangement. No amendment amendment, alteration or modification repeal of this Agreement Indemnification Supplement or of any provision hereof shall limit or restrict any right of the an Indemnitee under this Agreement Indemnification Supplement in respect of any action taken or omitted by such the Indemnitee in the Indemnitee’s capacity as an Enterprise Fiduciary prior to such amendment, alteration or repeal. To the extent that an amendment or modification of the LLC Agreementa change in Applicable Law, whether by law, amendment statute or otherwise, or an amendment to Delaware lawjudicial decision, permits greater indemnification than would be afforded currently under the LLC Agreement or this AgreementIndemnification Supplement, it is the intent of the parties hereto that the Indemnitee Indemnitees shall enjoy by this Agreement Indemnification Supplement the greater benefits so afforded by such change. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right and remedy shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other right or remedy.

Appears in 1 contract

Samples: Secondment Agreement (Delta Tucker Holdings, Inc.)

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Non-Exclusivity; Insurance; Subrogation. (a) The rights of indemnification, advancement of Expenses and other rights of the Indemnitee under this Agreement shall be in addition to any other rights to which an the Indemnitee may be entitled under any agreement, including (1) the LLC AgreementOrganizational Documents; (2) pursuant to those rights adopted by any vote of the unit holdersshareholders; (3) as a matter of law; or (4) otherwise, as to actions in the Indemnitee’s capacity as an Enterprise Fiduciary. No amendment or modification of this Agreement or of any provision hereof shall limit or restrict any right of the Indemnitee under this Agreement in respect of any action taken or omitted by such the Indemnitee in the Indemnitee’s capacity as an Enterprise Fiduciary prior to such amendment, alteration or repeal. To the extent that an amendment or modification of the LLC AgreementOrganizational Documents, whether by law, amendment or otherwise, or an amendment to Delaware law, permits greater indemnification than would be afforded currently under this Agreement, it is the intent of the parties hereto that the Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right and remedy shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other right or remedy.

Appears in 1 contract

Samples: Indemnity Agreement (Linn Energy, Inc.)

Non-Exclusivity; Insurance; Subrogation. (a) The rights of indemnification, to receive advancement of Expenses and other rights of the Indemnitee under this Agreement shall be in addition to any other rights to which an the Indemnitee may be entitled under any agreement, including (1) the LLC LP Agreement; (2) pursuant to those rights adopted by any vote of the unit holdersunitholders; (3) as a matter of law; (4) a resolution of the Board or (45) otherwise, as to actions in the Indemnitee’s 's capacity as an Enterprise Fiduciary. No amendment or modification of this Agreement or of any provision hereof shall limit or restrict any right of the Indemnitee under this Agreement in respect of any action taken or omitted by such the Indemnitee in the Indemnitee’s 's capacity as an Enterprise Fiduciary or in his Company Status prior to such amendment, alteration or repeal. To the extent that an amendment or modification of the LLC LP Agreement, whether by law, amendment or otherwise, or an amendment to Delaware law, permits greater indemnification than would be afforded currently under this Agreement, it is the intent of the parties hereto that the Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right and remedy shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other right or remedy.

Appears in 1 contract

Samples: Indemnity Agreement (BreitBurn Energy Partners L.P.)

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