Common use of Mandatory Indemnification Clause in Contracts

Mandatory Indemnification. Subject to the limitations set forth in Section 7, if the Indemnitee is a person who was or is a party or is threatened to be made a party to or is involved, including involvement as a witness, in any proceeding, including any action by or in the right of the Company, by reason of the fact that he is or was or has agreed to become an agent, or by reason of any action alleged to have been taken or omitted by him in any such capacity, the Company shall indemnify the Indemnitee against all expense, liability and loss (including but not limited to judgments, fines, ERISA excise taxes or penalties and amounts paid or to be paid in settlement), actually and reasonably incurred by him in connection with the investigation, defense, settlement or appeal of such proceeding; provided, however, that except as provided in Section 7(c) of this Agreement with respect to proceedings seeking to enforce rights to indemnification, the Company shall indemnify the Indemnitee in connection with a proceeding (or part thereof) initiated by the Indemnitee only if such proceeding (or part thereof) was authorized by the Board of Directors of the Company.

Mandatory Indemnification. Subject to the limitations set forth in Section 7, if the Indemnitee is a person who was or is a party or is threatened to be made a party to or is involved, including involvement as a witness, in any proceeding, including any action by or in the right of the Company, by reason of the fact that he is or was or has agreed to become an agentAgent, or by reason of any action alleged to have been taken or omitted by him in any such capacity, the Company shall indemnify the Indemnitee against all expense, liability and loss (including but not limited to judgments, fines, ERISA excise taxes or penalties and amounts paid or to be paid in settlement), actually and reasonably incurred by him in connection with the investigation, defense, settlement or appeal of such proceeding; provided, however, that except as provided in Section 7(c) of this Agreement with respect to proceedings seeking to enforce rights to indemnification, the Company shall indemnify the Indemnitee in connection with a proceeding (or part thereof) initiated by the Indemnitee only if such proceeding (or part thereof) was authorized by the Board of Directors of the Company.

Mandatory Indemnification. Subject to the limitations set forth in Section 7, if the Indemnitee is a person who was or is a party or is threatened to be made a party to or is involved, including involvement as a witness, in any proceeding, including any action by or in the right of the Company, by reason of the fact that he is or was or has agreed to become an agent, or by reason of any action alleged to have been taken or omitted by him in any such capacity, the Company shall indemnify the Indemnitee against all expense, liability and loss (including but not limited to judgments, fines, ERISA excise taxes or penalties and amounts paid or to be paid in settlement), actually and reasonably incurred by him in connection with the investigation, defense, settlement or appeal of such proceedingproceeding whether or not serving in such capacity at the time any liability or expense is incurred; provided, however, that except as provided in Section 7(c) of this Agreement with respect to proceedings seeking to enforce rights to indemnification, the Company shall indemnify the Indemnitee in connection with a proceeding (or part thereof) initiated by the Indemnitee only if such proceeding (or part thereof) was authorized by the Board of Directors of the Company.

Mandatory Indemnification. Subject to the limitations set forth in Section 74 and the determination to be made under Section 6, if the Indemnitee is a person who was or is a party or is threatened to be made a party to or is involved, involved (including involvement as a witness, ) in any proceedinga Proceeding, including any action by or in the right of the Company, by reason of the fact that he he/she is or was or has agreed to become an agentAgent, or by reason of any action alleged to have been taken or omitted by him him/her in any such capacity, the Company shall indemnify the Indemnitee against all expense, liability and loss (including including, but not limited to judgmentsto, judgements, fines, ERISA excise taxes or penalties and amounts paid or to be paid in settlement), actually and reasonably incurred by him him/her in connection with the investigation, defense, settlement or appeal of such proceedingProceeding; provided, however, that except as provided in Section 7(c) subsection 9.1 of this Agreement with respect to proceedings seeking to enforce rights to indemnificationremedies of Indemnitee, the Company shall indemnify the Indemnitee in connection with a proceeding Proceeding (or part thereof) initiated by the Indemnitee only if such proceeding Proceeding (or any part thereof) was authorized by the Board of Directors of the Company.

Mandatory Indemnification. Subject to the limitations set forth in Section 7, if the Indemnitee is a person who was or is a party or is threatened to be made a party to or is involved, including involvement as a witness, in any proceeding, including any action by or in the right of the Company, by reason of the fact that he is or was or has agreed to become an agent, or by reason of any action alleged to have been taken or omitted by him in any such capacity, the Company shall indemnify the Indemnitee against all expense, liability and loss (including but not limited to judgments, fines, ERISA excise taxes or penalties and amounts paid or to be paid in settlement), actually and reasonably incurred by him in connection with the investigation, defense, settlement or appeal of such proceeding; provided, however, that except as provided in Section 7(c) of this Agreement with respect to proceedings seeking to enforce rights to indemnification, the Company shall indemnify the Indemnitee in connection with a proceeding (or part thereof) initiated by the Indemnitee Indemnitee) only if such proceeding (or part thereof) was authorized by the Board of Directors of the Company.

Mandatory Indemnification. Subject to the limitations set forth in Section 7, if the Indemnitee is a person who was or is a party or is threatened to be made a party to or is involved, including involvement as a witness, in any proceeding, including any action by or in the right of the Company, by reason of the fact that he he/she is or was or has agreed to become an agent, or by reason of any action alleged to have been taken or omitted by him him/her in any such capacity, the Company shall indemnify the Indemnitee against all expense, liability and loss (including but not limited to judgments, fines, ERISA excise taxes or penalties and amounts paid or to be paid in settlement), actually and reasonably incurred by him him/her in connection with the investigation, defense, settlement or appeal of such proceeding; provided, however, that except as provided in Section 7(c) of this Agreement with respect to proceedings seeking to enforce rights to indemnification, the Company shall indemnify the Indemnitee in connection with a proceeding (or part thereof) initiated by the Indemnitee only if such proceeding (or part thereof) was authorized by the Board of Directors of the Company.