Common use of Non-Exclusivity; Survival of Rights Clause in Contracts

Non-Exclusivity; Survival of Rights. (a) The rights of indemnification and advance of Expenses as provided by this Agreement shall not be deemed exclusive of any other rights to which Indemnitee may at any time be entitled under applicable law, the Declaration of Trust or the Bylaws, any agreement or a resolution of the shareholders entitled to vote generally in the election of trustees or of the Board, or otherwise. No amendment, alteration or repeal of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by Indemnitee in Indemnitee’s Company Status prior to such amendment, alteration or repeal. To the extent that a change in the Maryland REIT Law or the MGCL permits greater indemnification to Indemnitee than would be afforded currently under the Maryland REIT Law or the MGCL, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change if permitted by the Maryland REIT Law or the MGCL. 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.

Non-Exclusivity; Survival of Rights. (a) The rights of indemnification and advance of Expenses as provided by this Agreement shall not be deemed exclusive of any other rights to which Indemnitee may at any time be entitled under applicable law, the Declaration of Trust or the Bylaws, any agreement or a resolution of the shareholders entitled to vote generally in the election of trustees or of the Board, or otherwise. No amendment, alteration or repeal of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in Indemnitee’s Company Status prior to such amendment, alteration or repeal. To the extent that a change in the Maryland REIT Law or the MGCL permits greater indemnification to Indemnitee than would be afforded currently under the Maryland REIT Law or the MGCLDeclaration of Trust, Bylaws and this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change if permitted by the Maryland REIT Law or the MGCLchange. 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.

Non-Exclusivity; Survival of Rights. (a) INSURANCE; SUBROGATION; PRIORITY OF OBLIGATIONS The rights of indemnification and advance of Expenses Indemnitee as provided by this Agreement shall not be deemed exclusive of any other rights to which Indemnitee may at any time be entitled under applicable law, the Declaration of Trust or the BylawsArticles, any agreement agreement, a vote of shareholders or a resolution of the shareholders entitled to vote generally in the election of trustees or of the Boarddirectors, or otherwise. No amendment, alteration or repeal of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any Proceeding (regardless of when such Proceeding is first threatened, commenced or completed) or claim, issue or matter therein arising out of, or related to, any action taken or omitted by such Indemnitee in Indemnitee’s Company his or her Corporate Status prior to such amendment, alteration or repeal. To the extent that a change in the Maryland REIT Law applicable law, whether by statute or the MGCL judicial decision, permits greater indemnification to Indemnitee indemnification, hold harmless or exoneration rights or advancement of Expenses than would be afforded currently under the Maryland REIT Law Articles or the MGCLthis Agreement, it is the intent of then this Agreement (without any further action by the parties hereto hereto) shall automatically be deemed to be amended to require that the Company indemnifies the Indemnitee shall enjoy by this Agreement to the greater benefits so afforded by such change if fullest extent permitted by the Maryland REIT Law or the MGCLlaw. 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.

Non-Exclusivity; Survival of Rights. (a) The rights of indemnification and advance of Expenses as provided by this Agreement shall not be deemed exclusive of any other rights to which Indemnitee may at any time be entitled under applicable law, the Declaration of Trust Charter or the Bylaws, any agreement or a resolution of the shareholders stockholders entitled to vote generally in the election of trustees directors or of the Board, or otherwise. No amendment, alteration or repeal of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by Indemnitee in Indemnitee’s Company Status prior to such amendment, alteration or repeal. To the extent that a change in the Maryland REIT Law or the MGCL permits greater indemnification to Indemnitee than would be afforded currently under the Maryland REIT Law or the MGCL, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change if permitted by the Maryland REIT Law or the MGCL. 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.

Non-Exclusivity; Survival of Rights. (a) The rights of indemnification indemnification, contribution and advance advancement of Expenses as provided by this Agreement herein provided, or granted pursuant hereto, shall not be deemed exclusive of any other rights to which Indemnitee may at any time be entitled under applicable lawany written agreement, vote of stockholders or Disinterested Directors, the Declaration certificate of Trust or the Bylaws, any agreement or a resolution incorporation of the shareholders entitled to vote generally in Company, the election of trustees or of the Board, By-Laws or otherwise, both as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office, and shall continue as to Indemnitee after his or her Corporate Status (as defined below) has ceased. No Notwithstanding any amendment, alteration or repeal termination of this Agreement Article I or any of its provisions, or of any provision of the Procedures set forth in Article II, in each case, in accordance with Section 7 of Article III, Indemnitee shall be entitled to indemnification, contribution and advancement of Expenses in accordance with the provisions hereof shall limit or restrict any right of Indemnitee under this Agreement in and thereof with respect of to any action taken or omitted by Indemnitee in Indemnitee’s Company Status prior to such amendment, alteration or repealtermination, except to the extent otherwise required by law. To the extent that a change in the Maryland REIT Law DGCL, whether by statute or the MGCL judicial decision, permits greater indemnification to Indemnitee than would be afforded currently under the Maryland REIT Law certificate of incorporation of the Company, the By-Laws or the MGCLthis Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change if permitted by the Maryland REIT Law or the MGCLchange. 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.