If a determination shall have been made pursuant to 12(a) that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this 14, absent # a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading, in connection with the request for indemnification, or # a prohibition of such indemnification under applicable law.
If a determination shall have been made pursuant to Section 12(a) of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Section 14, absent # a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’Indemnitees statement not materially misleading, in connection with the request for indemnification, or # a prohibition of such indemnification under applicable law.
If a determination shall have been made pursuant to 12(a)Section 10(b) of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this 14,Section 12, absent # a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading, in connection with the request for indemnification, or # a prohibition of such indemnification under applicable law.that was not disclosed in connection with the determination.
If a determination shall have been made pursuant to 12(a)[Section 7(d)] of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determinationDetermination in any judicial proceeding or arbitration commenced pursuant to this 14,[Section 8], absent # a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading, in connection with the request for indemnification, or # a prohibition of such indemnification under applicable law.
If a determination shall have been made pursuant to 12(a)Section 10(b) of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this 14,Section 12, absent # a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading, in connection with the request for indemnification, or # a prohibition of such indemnification under applicable law.indemnification.
If a determination shall have been made pursuant to 12(Section 9(a) of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this 14,Section 11, absent # a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading, in connection with the request for indemnification, or # a prohibition of such indemnification under applicable law.indemnification.
If a determination shall have been made pursuant to 12(a)Section 6(b) of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this 14,Section 7, absent # a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’Indemnitees statementmisstatement not materially misleading,misleading in connection with the requestapplication for indemnification, or # a prohibition of such indemnification under applicable law.
If a determination shall havehas been made pursuant to 12(a)Section 6(b) that Indemnitee is entitled to indemnification, the Company shall will be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this 14,Section 7, absent # a misstatement by Indemnitee of a material fact,fact or an omission of a material fact necessary to make Indemnitee’Indemnitees statementmisstatement not materially misleading,misleading in connection with the requestapplication for indemnification, or # a prohibition of such indemnification under applicable law.
If a determinationFavorable Determination shall have been made pursuant to 12(a) that Indemnitee is entitled to indemnification,Section 10(b) of this Agreement, the Company shall be bound by such determinationFavorable Determination in any judicial proceeding or arbitration commenced pursuant to this 14,Section 12, absent # a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’Indemnitees statement not materially misleading, in connection with the request for indemnification, or # a prohibition of such indemnification under applicable law.that was not disclosed in connection with the determination.
If a determination shall have been made pursuant to 12(a) that Indemnitee is entitled to indemnification,indemnification has been made pursuant to Section 7 hereof or otherwise pursuant to the terms of this Agreement, the Company shall be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this 14, absentthe absence of # a misstatement by Indemnitee of a material fact, or an omissionmisrepresentation of a material fact necessary to make Indemnitee’s statement not materially misleading, in connection with the request for indemnification,by Indemnitee or # a prohibitionspecific finding (which has become final) by a court of competent jurisdiction that all or any part of such indemnification under applicableis expressly prohibited by Nevada law.
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