Contract Rights Not Exclusive. The rights to payment of Indemnifiable Amounts and advancement of Indemnifiable Expenses provided by this Agreement shall be in addition to, but not exclusive of, any other rights which Indemnitee may have at any time under applicable law, the Companys Certificate of Incorporation or By-laws, or any other agreement, vote of stockholders or directors (or a committee of directors), or otherwise, both as to action in Indemnitees official capacity and as to action in any other capacity as a result of Indemnitees serving as a director or officer of the Company.
Contract Rights Not Exclusive. TheExcept as provided in [Section 9(b)] of this Agreement, the rights to payment of Indemnifiable Amountsindemnification and advancement of Indemnifiable Expenses as provided by this Agreement shall not be in addition to, but notdeemed exclusive of,of any other rights to which Indemnitee may have at any timetime, whenever conferred or arising, be entitled under applicable law, under the Companys Certificate of Incorporation or By-laws,Bylaws, or under any other agreement, vote of stockholders or directors (or a committee of directors), or otherwise, both as to action in Indemniteeotherwise. Indemnitee’s official capacity and as to action in any other capacity as a result of Indemniteerights under this Agreement are present contractual rights that fully vest upon Indemnitee’s servingfirst service as a director or an officer of the Company. The Parties hereby agree that [Section 9(b)] of this Agreement shall be deemed exclusive and shall be deemed to modify, amend and clarify any right to indemnification or advancement provided to Indemnitee under any other contract, agreement or document with the Company.
Contract Rights Not Exclusive. The rights to payment of Indemnifiable Amountsindemnification and advancementadvance of Indemnifiable Expenses as provided by this Agreement shall not be in addition to, but notdeemed exclusive of,of any other rights to which Indemnitee may have at any time be entitled under applicable law, the Companys Certificatecharter or Bylaws of Incorporationthe Company, any agreement or By-laws,a resolution of the stockholders entitled to vote generally in the election of directors or of the Board of Directors, or otherwise. Unless consented to in writing by Indemnitee, no amendment, alteration or repeal of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal, regardless of whether a claim with respect to such action or inaction is raised prior or subsequent to such amendment, alteration or repeal. No right or remedy herein conferred is intended to be exclusive of any other agreement, voteright or remedy, and every other right or remedy shall be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion of stockholdersany right or directors (or a committee of directors),remedy hereunder, or otherwise, both as to action in Indemnitees official capacity and as to action inshall not prohibit the concurrent assertion or employment of any other capacity as a result of Indemnitees serving as a directorright or officer of the Company.remedy.
Contract Rights Not Exclusive.Section # Non-Exclusivity. The rights of indemnification and to payment of Indemnifiable Amounts and advancement of Indemnifiable Expensesreceive Expense Advances as provided by this Agreement shallwill not be in addition to, but notdeemed exclusive of,of any other rights to which Indemnitee may have at any time be entitled under applicable law, the Companys CertificateCertificate, the Bylaws, any agreement, a vote of Incorporationstockholders, a resolution of the directors or By-laws,otherwise. To the extent Indemnitee otherwise would have any greater right to indemnification or payment of any advancement of Expenses under any other provisions under applicable law, the Certificate, Bylaws, any agreement, vote of stockholders orstockholders, a resolution of directors (or a committee of directors), or otherwise, both asIndemnitee will be entitled under this Agreement to such greater right. No amendment, alteration or repeal of this Agreement or of any provision hereof limits or restricts any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee prior to such amendment, alteration or repeal. To the extent that a change in Indemnitees official capacitythe DGCL, whether by statute or judicial decision, permits greater indemnification than would be afforded currently under the Certificate, Bylaws and asthis Agreement, it is the intent of the parties hereto that Indemnitee enjoy by this Agreement the greater benefits so afforded by such change. No right or remedy herein conferred is intended to action inbe exclusive of any other capacity as a resultright or remedy, and every other right and remedy will be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, will not prevent the concurrent assertion or employment of any other right or remedy. Indemnitees servingrights under this Agreement are present contractual rights that fully vest upon Indemnitees first service as a director or an officer of the Company.
Contract Rights Not Exclusive. The rights of indemnification and to payment of Indemnifiable Amounts andreceive advancement of Indemnifiable Expenses as provided by this Agreement shall be in addition to, butand shall not be deemed exclusive of, any other rights to which Indemnitee may have at any time be entitled under applicable law, the Companys Certificate of Incorporation orIncorporation, the By-laws, or any other agreement, a vote of stockholders or directors (or a committeeresolution of directors),directors, or otherwise. No amendment or modification of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by Indemnitee in Indemnitee’s Corporate Status prior to such amendment or modification. To the extent that a change in Delaware law, whether by statute or judicial decision, permits greater indemnification or advancement of Expenses than would then be afforded under the Certificate of Incorporation and/or By-laws of the Company and this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right and remedy shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, both as to action in Indemnitees official capacity and as to action inshall not prevent the concurrent assertion or employment of any other capacity as a result of Indemnitees serving as a directorright or officer of the Company.remedy.
Contract Rights Not Exclusive. The rights of indemnification and to payment of Indemnifiable Amounts andreceive advancement of Indemnifiable Expenses as provided by this Agreement shall not be in addition to, but notdeemed exclusive of,of any other rights to which Indemnitee may have at any time be entitled under applicable law, the Companys Certificate of Incorporation or By-laws, orIncorporation, the Bylaws, any other agreement, a vote of stockholders or directors (or a committeeresolution of directors),directors, or otherwise. No amendment, alteration or repeal of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his Corporate Status prior to such amendment, alteration or repeal. To the extent that a change in Delaware law, whether by statute or judicial decision, permits greater indemnification or advancement of Expenses than would be afforded currently under the Certificate of Incorporation and this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right and remedy shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, both as to action in Indemnitees official capacity and as to action inshall not prevent the concurrent assertion or employment of any other capacity as a result of Indemnitees serving as a directorright or officer of the Company.remedy.
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