Common use of Intent of Section Clause in Contracts

Intent of Section. To the extent that Section 18-108 of the Act or any successor section thereto may be amended or supplemented from time to time, this Section 8.2(a) shall be deemed amended automatically and construed so as to permit indemnification and advancement of expenses to the fullest extent consistent herewith and from time to time permitted by law. Any amendment, modification, supplement or repeal of Section 18-108 of the Act or any successor section thereto or of this Section 8.2 shall not adversely affect any right or protection of, or apply to or have any effect on the liability or alleged liability of, any officer, employee, or agent (in such capacity) of the Company for or with respect to acts or omissions of such Person occurring prior to such amendment, modification, supplement or repeal. For the avoidance of doubt, an Officer (in his or her capacity as such) shall have rights of indemnification and advancement under this Section 8.2(b) and not under Section 8.1(b). With respect to Members or their Affiliates acting as Officers or agents of the Company, the intent of this Section 8.2(b) is to provide for indemnification only in their capacity as Officers or agents of the Company, and not with respect to (A) the performance of their covenants and other obligations under this Agreement as a Covered EC Member, Covered Person or otherwise or (B) the performance of their covenants and other obligations to the Company or any Member under any other Transaction Agreement.

Intent of Section. To the extent that Section 18-108 of the Act or any successor section thereto may be amended or supplemented from time to time, this Section 8.2(a) shall be deemed amended automatically and construed so as to permit indemnification and advancement of expenses to the fullest extent consistent herewith and from time to time permitted by law. Any amendment, modification, supplement or repeal of Section 18-108 of the Act or any successor section thereto or of this Section 8.2 8.2(a) shall not adversely affect any right or protection of, or apply to or have any effect on the liability or alleged liability of, any officer, employee, Covered EC Member or agent (in such capacityany other Person entitled to indemnification under this Section 8.2(a) of the Company for or with respect to acts or omissions of such Covered EC Member or Person occurring prior to such amendment, modification, supplement or repeal. For the avoidance of doubt, an Officer a Covered EC Member (in his or her capacity as such) shall have rights of indemnification and advancement under this Section 8.2(b8.2(a) and not under Section 8.1(b). With respect to Members or their Affiliates acting as Officers or agents of the CompanyCovered EC Members, the intent of this Section 8.2(b8.2(a) is to provide for indemnification only in their capacity as Officers or agents of the Companyan Executive Committee Member, and not with respect to (A) the performance of their covenants and other obligations under this Agreement as a Covered EC MemberPerson, Covered Person employee, officer or agent of the Company, or otherwise or (B) the performance of their covenants and other obligations to the Company or any Member under any other Transaction Agreement.