If seeks, in any action, suit or arbitration, to enforce, or to recover damages for breach of, his or her rights under the Plan, shall be entitled to recover from promptly as incurred, and shall be indemnified by against, any and all expenses and disbursements, including attorneys’ fees, actually and reasonably incurred by . shall also pay to prejudgment interest on any money judgment obtained by calculated at the Citibank N.A. base rate of interest in effect from time to time from the date that payment to him or her should have been made under the Plan.
If the Participant seeks, in any action, suit or arbitration, to enforce, or to recover damages for breach of, his or her rights under the Plan, the Participant shall be entitled to recover from the Company promptly as incurred, and shall be indemnified by the Company against, any and all expenses and disbursements, including attorneys’ fees, actually and reasonably incurred by the Participant. The Company shall also pay to the Participant prejudgment interest on any money judgment obtained by the Participant calculated at the Citibank N.A. base rate of interest in effect from time to time from the date that payment to him or her should have been made under the Plan.
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