Common use of Applicability; Non-Exclusive Remedy Clause in Contracts

Applicability; Non-Exclusive Remedy. The provisions of this Section 6.3 shall be applicable to all actions, claims, suits or proceedings made or commenced on or after the Effective Date, whether arising from acts or omissions to act occurring on, before or after the Effective Date. The provisions of this Section 6.3 shall be deemed to be a contract between the Company and each Person entitled to indemnification under this Section 6.3 (or legal representative thereof) who serves in such capacity at any time while this Section 6.3 and the relevant provisions of applicable law, if any, are in effect. Any amendment, modification or repeal of this Section 6.3 or subsection hereof shall not affect any rights or obligations then existing with respect to any state of facts or any action, claim, suit or proceeding then or theretofore existing, or any action, suit, claim, demand or proceeding thereafter brought or threatened based in whole or in part on any such state of facts. The rights of indemnification provided in this Section 6.3 shall neither be exclusive of, nor be deemed in limitation of, any rights to which any Person may otherwise be or become entitled or permitted by contract, this Agreement, insurance or as a matter of law, both as to actions in such Person’s official capacity and actions in any other capacity, it being the policy of the Company that indemnification of any Person whom the Company is obligated to indemnify pursuant to Section 6.3(a)(i) shall be made to the fullest extent permitted by law.

Appears in 2 contracts

Sources: Services Agreement (Beneficient), Services Agreement (Beneficient Co Group, L.P.)

Applicability; Non-Exclusive Remedy. The provisions of this Section 6.3 shall be applicable to all actions, claims, suits or proceedings made or commenced on or after the Effective Date, whether arising from acts or omissions to act occurring on, before or after the Effective Date. The provisions of this Section 6.3 shall be deemed to be a contract between the Company Firm and each Person entitled to indemnification under this Section 6.3 (or legal representative thereof) who serves in such capacity at any time while this Section 6.3 and the relevant provisions of applicable law, if any, are in effect. Any amendment, modification or repeal of this Section 6.3 or subsection hereof shall not affect any rights or obligations then existing with respect to any state of facts or any action, claim, suit or proceeding then or theretofore existing, or any action, suit, claim, demand or proceeding thereafter brought or threatened based in whole or in part on any such state of facts. The rights of indemnification provided in this Section 6.3 shall neither be exclusive of, nor be deemed in limitation of, any rights to which any Person may otherwise be or become entitled or permitted by contract, this Agreement, insurance or as a matter of law, both as to actions in such Person’s official capacity and actions in any other capacity, it being the policy of the Company Firm that indemnification of any Person whom the Company Firm is obligated to indemnify pursuant to Section 6.3(a)(i) shall be made to the fullest extent permitted by law.

Appears in 1 contract

Sources: Services Agreement (Beneficient Co Group, L.P.)