Common use of Indemnification of the QIU Clause in Contracts

Indemnification of the QIU. Without limitation and in addition to its obligation under the other subsections of this Section 8, the Company agrees to indemnify and hold harmless XX Xxxxx, the QIU, its officers and employees and each person, if any, who controls the QIU within the meaning of the Securities Act or the Exchange Act from and against any loss, claim, damage, liability or expenses, as incurred, arising out of or based upon the QIU's acting as a "qualified independent underwriter" (within the meaning of Rule 2720 to the NASD's Conduct Rules) in connection with the offering contemplated by this Agreement, and agrees to reimburse each such indemnified person for any legal or other expense reasonably incurred by them in connection with investigating, defending, settling, compromising or paying any such loss, claim, damage, liability, expense or action; provided, however, that the Company shall not be liable in any such case to the extent that any such loss, claim, damage, liability or expense results from the gross negligence or willful misconduct of the QIU.

Indemnification of the QIU. Without limitation and in addition to its obligation under the other subsections of this Section 8, the Company agrees to indemnify and hold harmless XX Xxxxx, the QIU, its officers and employees QIU and each person, if any, who controls the QIU within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act from and against any loss, claim, damage, liability liabilities or expensesexpense, as incurred, arising out of or based upon the QIU's acting as a "qualified independent underwriter" (within the meaning of Rule 2720 to the NASD's Conduct Rules) in connection with the offering contemplated by this Agreement, and agrees to reimburse each such indemnified person for any legal or other expense reasonably incurred by them in connection with investigating, defending, settling, compromising or paying any such loss, claim, damage, liability, expense or action; provided, however, that the Company shall not be liable in any such case to the extent that any such loss, claim, damage, liability or expense results from the gross negligence or willful misconduct of the QIU.

Indemnification of the QIU. Without limitation and in addition to its obligation under the other subsections of this Section 89, the Company agrees to indemnify and hold harmless XX Xxxxx, the QIU, its officers and employees directors and each person, if any, who controls the QIU within the meaning of the Securities Act or the Exchange Act Act, from and against any loss, claim, damage, liability liabilities or expensesexpense, as incurred, arising out of or based upon the QIU's ’s acting as a "“qualified independent underwriter" ” (within the meaning of Rule 2720 to of the NASD's ’s Conduct Rules) in connection with the offering contemplated by this Agreement, and agrees to reimburse each such indemnified person for any properly documented legal or other expense reasonably incurred by them in connection with investigating, defending, settling, compromising or paying any such loss, claim, damage, liability, expense or action; provided, however, that the Company shall not be liable in any such case to the extent that any such loss, claim, damage, liability or expense results from the bad faith, gross negligence or willful misconduct of the QIU.

Indemnification of the QIU. Without limitation and in addition to its obligation under the other subsections of this Section 86, the Company agrees to indemnify and hold harmless XX Xxxxx, the QIU, its officers directors, officers, employees and employees agents and each person, if any, who controls the QIU within the meaning of the Securities Act or the Exchange Act from and against any loss, claim, damage, liability liabilities or expensesexpense, as incurred, arising out of or based upon the QIU's ’s acting as a "“qualified independent underwriter" ” (within the meaning of Section (b)(15) of NASD Conduct Rule 2720 to the NASD's Conduct Rules2720) in connection with the offering contemplated by this Agreement, and agrees to reimburse each such indemnified person for any legal or other expense reasonably incurred by them in connection with investigating, defending, settling, compromising or paying any such loss, claim, damage, liability, expense or action; provided, however, that the Company shall not be liable in any such case to the extent that any such loss, claim, damage, liability or expense results from the gross negligence or willful misconduct of the QIU.

Indemnification of the QIU. Without limitation and in addition to its obligation under the other subsections sub-sections of this Section 8, the Company agrees to indemnify and hold harmless XX Xxxxx, the QIU, its officers and employees and each person, if any, who controls the QIU within the meaning of the Securities Act or the Exchange Act from and against any loss, claim, damage, liability liabilities or expensesexpense, as incurred, arising out of or based upon the QIU's ’s acting as a "“qualified independent underwriter" ” (within the meaning of NASD Conduct Rule 2720 to the NASD's Conduct Rules2720(f)(12) of FINRA) in connection with the offering contemplated by this Agreement, and agrees to reimburse each such indemnified person for any legal or other expense reasonably incurred by them in connection with investigating, defending, settling, compromising or paying any such loss, claim, damage, liability, expense or action; provided, however, that the Company shall not be liable in any such case to the extent that any such loss, claim, damage, liability or expense results from the gross negligence or willful misconduct of the QIU.

Indemnification of the QIU. Without limitation and in addition to its obligation under the other subsections of this Section 87, the Company agrees to indemnify and hold harmless XX Xxxxx, the QIU, its officers and employees and each person, if any, who controls the QIU within the meaning of the Securities Act or the Exchange Act from and against any loss, claim, damage, liability liabilities or expensesexpense, as incurred, arising out of or based upon the QIU's ’s acting as a "“qualified independent underwriter" ” (within the meaning of Rule 2720 to the NASD's ’s Conduct Rules) in connection with the offering contemplated by this Agreement, and agrees to reimburse each such indemnified person for any legal or other expense reasonably incurred by them in connection with investigating, defending, settling, compromising or paying any such loss, claim, damage, liability, expense or action; provided, however, that the Company shall not be liable in any such case to the extent that any such loss, claim, damage, liability or expense results from the gross negligence or willful misconduct of or the QIU.

Indemnification of the QIU. Without limitation and in addition to its obligation under the other subsections of this Section 8, the Company agrees to indemnify and hold harmless XX Xxxxx, the QIU, its officers and employees and each person, if any, who controls the QIU within the meaning of the Securities Act or the Exchange Act from and against any loss, claim, damage, liability liabilities or expensesexpense, as incurred, arising out of or based upon the QIU's acting as a "qualified independent underwriter" (within the meaning of Rule 2720 to of the NASD's Conduct Rules) in connection with the offering contemplated by this Agreement, and agrees to reimburse each such indemnified person for any legal or other expense reasonably incurred by them in connection with investigating, defending, settling, compromising or paying any such loss, claim, damage, liability, expense or action; provided, however, that the Company shall not be liable in any such case to the extent that any such loss, claim, damage, liability or expense results from the gross negligence or willful misconduct of the QIU.

Indemnification of the QIU. Without limitation and in addition to its obligation under the other subsections of this Section 89, the Company agrees to indemnify and hold harmless XX Xxxxx, the QIU, its officers and employees and each person, if any, who controls the QIU within the meaning of the Securities Act or the Exchange Act from and against any loss, claim, damage, liability liabilities or expensesexpense, as incurred, arising out of or based upon the QIU's ’s acting as a "“qualified independent underwriter" ” (within the meaning of Rule 2720 to the NASD's ’s Conduct Rules) in connection with the offering contemplated by this Agreement, and agrees to reimburse each such indemnified person for any legal or other expense reasonably incurred by them in connection with investigating, defending, settling, compromising or paying any such loss, claim, damage, liability, expense or action; provided, however, that the Company shall not be liable in any such case to the extent that any such loss, claim, damage, liability or expense results from the gross negligence or willful misconduct of the QIU.

Indemnification of the QIU. Without limitation and in addition to its obligation under the other subsections of this Section 8, the Company agrees to indemnify and hold harmless XX Xxxxx, Xxxxxxx Xxxxx in its capacity as the QIU, its officers and employees and each person, if any, who controls the QIU within the meaning of the Securities 1933 Act or the Exchange 1934 Act from and against any loss, claim, damage, liability liabilities or expensesexpense, as incurred, arising out of or based upon the QIU's ’s acting as a "“qualified independent underwriter" ” (within the meaning of Rule 2720 to the NASD's ’s Conduct Rules) in connection with the offering contemplated by this Agreement, and agrees to reimburse each such indemnified person for any legal or other expense reasonably incurred by them in connection with investigating, defending, settling, compromising or paying any such loss, claim, damage, liability, expense or action; provided, however, that the Company shall not be liable in any such case to the extent that any such loss, claim, damage, liability or expense results from the gross negligence or willful misconduct of the QIU.

Indemnification of the QIU. Without limitation and in addition to its obligation under the other subsections of this Section 87, the Company agrees to indemnify and hold harmless XX Xxxxx, the QIU, its officers directors, officers, employees and employees agents and each person, if any, who controls the QIU within the meaning of the Securities Act or the Exchange Act from and against any loss, claim, damage, liability liabilities or expensesexpense, as incurred, arising out of or based upon the QIU's acting as a "qualified independent underwriter" (within the meaning of Section (b)(15) of NASD Conduct Rule 2720 to the NASD's Conduct Rules2720) in connection with the offering contemplated by this Agreement, and agrees to reimburse each such indemnified person for any legal or other expense reasonably incurred by them in connection with investigating, defending, settling, compromising or paying any such loss, claim, damage, liability, expense or action; provided, however, that the Company shall not be liable in any such case to the extent that any such loss, claim, damage, liability or expense results from the gross negligence or willful misconduct of the QIU.