if such court determines that Indemnitee is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, whether or not Indemnitee # has met the standards of conduct set forth in [[Section 2-418(b)])]] of the MGCL or # has been adjudged liable for receipt of an improper personal benefit under [[Section 2-418(c)])]] of the MGCL, the court may order such indemnification as the court shall deem proper without regard to any limitation on such court-ordered indemnification contemplated by [[Section 2-418(d)(2)(ii)])]] of the MGCL.
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