Continuing Indemnification Obligations. Following the Reorganization Time, the obligations of EnCana to indemnify any director or officer of Subco and its Affiliates under any certificate of incorporation or by-laws of EnCana or any of its predecessors or Affiliates, or under any indemnification agreements, arising out of or relating to actions or inactions of such directors and officers up to and including the Reorganization Time, shall survive the Reorganization Time and shall continue in force and effect thereafter in accordance with their terms and EnCana hereby covenants and agrees, and agrees to cause its Affiliates, not to amend or repeal the indemnification provisions under any certificate of incorporation or by-laws of EnCana or any of its predecessors or Affiliates in a manner which could negatively impact the performance or enforcement of such obligations.
Appears in 2 contracts
Sources: Separation and Transition Agreement (Cenovus Energy Inc.), Separation and Transition Agreement (Encana Corp)