Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under [Sections 3 and 5]5] above or a request for an advancement of Indemnifiable Expenses under [Sections 8 and 9]9] above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery to enforce the Companys obligations under this Agreement.
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