Common use of Use of Certain Terms Clause in Contracts

Use of Certain Terms. As used in this Agreement, the words "herein," -------------------- "hereof," and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Section, paragraph, subparagraph or other subdivision. For purposes of this Agreement, references to "fines" shall include any excise taxes assessed on Indemnitee with respect to any employee benefit plan; and references to "serving at the request of the Company" shall include any service as a director, officer, employee, trustee, partner, agent or fiduciary of the Company which imposes duties on, or involves services by, Indemnitee with respect to any employee benefit plan, its participants or beneficiaries; and if Indemnitee acted in good faith and in a manner Indemnitee reasonably believed to be in the interest of the participants and beneficiaries of an employee benefit plan Indemnitee shall be deemed to have acted in a manner "not opposed to the best interests of the Company" as referred to in this Agreement.

Use of Certain Terms. As used in this Agreement, the words "“herein," -------------------- "” “hereof," ” and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular Section, paragraph, subparagraph or other subdivision. For purposes of this Agreement, references to "“fines" ” shall include any excise taxes assessed on Indemnitee with respect to any employee benefit plan; and references to "“serving at the request of the Company" ” shall include any service as a director, officer, employee, trustee, partner, agent or fiduciary of the Company which that imposes duties on, or involves services by, Indemnitee with respect to any employee benefit plan, its participants or beneficiaries; and and, if Indemnitee acted in good faith and in a manner Indemnitee reasonably believed to be in the interest of the participants and beneficiaries of an employee benefit plan plan, Indemnitee shall be deemed to have acted in a manner "“not opposed to the best interests of the Company" ” as referred to in this Agreement.

Use of Certain Terms. As used in this Agreement, the words "“herein," -------------------- "” “hereof," ” and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular Section, paragraph, subparagraph or other subdivision. For purposes of this Agreement, references to "“fines" ” shall include any excise taxes assessed on Indemnitee with respect to any employee benefit plan; and references to "“serving at the request of the Company" ” shall include any service as a director, officer, employee, trustee, partner, agent or fiduciary of the Company which imposes duties on, or involves services by, Indemnitee with respect to any employee benefit plan, its participants or beneficiaries; and if Indemnitee acted in good faith and in a manner Indemnitee reasonably believed to be in the interest of the participants and beneficiaries of an employee benefit plan Indemnitee shall be deemed to have acted in a manner "“not opposed to the best interests of the Company" ” as referred to in this Agreement.