Common use of Covenants of the Company Regarding Indemnification Clause in Contracts

Covenants of the Company Regarding Indemnification. (a) The Company agrees to indemnify, hold harmless, reimburse and defend the Subscriber, the Subscriber’s officers, directors, agents, Affiliates, members, managers, control persons, and principal shareholders, against any claim, cost, expense, liability, obligation, loss or damage (including reasonable legal fees) of any nature, incurred by or imposed upon the Subscriber or any such person which results, arises out of or is based upon (i) any material misrepresentation by the Company or breach of any representation or warranty by the Company in this Agreement or in any Exhibits or Schedules attached hereto in any Transaction Document, or (ii) after any applicable notice and/or cure periods, any breach or default in performance by the Company of any material covenant or undertaking to be performed by the Company hereunder, or any other material agreement entered into by the Company and Subscriber relating hereto. (b) In no event shall the liability of the Subscriber or permitted successor hereunder or under any Transaction Document or other agreement delivered in connection herewith exceed the Purchase Price paid by such Subscriber. (c) The procedures set forth in Section 8(e) shall apply to the indemnification set forth in Section 7.

Covenants of the Company Regarding Indemnification. (a) The Company agrees to indemnify, hold harmless, reimburse and defend the Subscriber, the Subscriber’s 's officers, directors, agents, Affiliates, members, managers, control persons, and principal shareholders, against any claim, cost, expense, liability, obligation, loss or damage (including reasonable legal fees) of any nature, incurred by or imposed upon the Subscriber or any such person which results, arises out of or is based upon (i) any material misrepresentation by the Company or breach of any representation or warranty by the Company in this Agreement or in any Exhibits or Schedules attached hereto in any Transaction Document, or (ii) after any applicable notice and/or cure periods, any breach or default in performance by the Company of any material covenant or undertaking to be performed by the Company hereunder, or any other material agreement entered into by the Company and Subscriber relating hereto. (b) In no event shall the liability of the Subscriber or permitted successor hereunder or under any Transaction Document or other agreement delivered in connection herewith exceed be greater in amount than the Purchase Price paid dollar amount of the net proceeds actually received by such SubscriberSubscriber or successor upon the sale of Registrable Securities (as defined herein). (c) The procedures set forth in Section 8(e) 11.6 shall apply to the indemnification set forth in Section 710(a).

Covenants of the Company Regarding Indemnification. (a) The Company agrees to indemnify, hold harmless, reimburse and defend the SubscriberSubscribers, the Subscriber’s Subscribers’ officers, directors, agents, counsel, Affiliates, members, managers, control persons, and principal shareholders, against any claim, cost, expense, liability, obligation, loss or damage (including reasonable legal fees) of any nature, incurred by or imposed upon the Subscriber Subscribers or any such person which results, arises out of or is based upon (i) any material misrepresentation by the Company or breach of any representation or warranty warranty, or material misrepresentation, by the Company in this Agreement or in any Exhibits or Schedules attached hereto in any Transaction Document, ; or (ii) after any applicable notice and/or cure periods, any breach or default in performance by the Company of any material covenant or undertaking to be performed by the Company hereunder, or any other material agreement Transaction Document entered into by the Company and Subscriber Subscribers relating hereto. (b) In no event shall the liability of the Subscriber Subscribers or permitted successor hereunder or under any Transaction Document or other agreement delivered in connection herewith exceed be greater in amount than the Purchase Price paid dollar amount of the net proceeds actually received by such SubscriberSubscriber or successor upon the sale of Registrable Securities (as defined herein). (c) The procedures set forth in Section 8(e) shall apply to the indemnification set forth in Section 7.

Covenants of the Company Regarding Indemnification. (a) The Company agrees to indemnify, hold harmless, reimburse and defend the Subscriber, the Subscriber’s officers, directors, agents, Affiliates, members, managers, control persons, and principal shareholders, against any claim, cost, expense, liability, obligation, loss or damage (including reasonable legal fees) of any nature, incurred by or imposed upon the Subscriber or any such person which results, arises out of or is based upon (i) any material misrepresentation by the Company or breach of any representation or warranty by the Company in this Agreement or in any Exhibits or Schedules attached hereto in any Transaction Document, or (ii) after any applicable notice and/or cure periods, any breach or default in performance by the Company of any material covenant or undertaking to be performed by the Company hereunder, or any other material agreement entered into by the Company and Subscriber relating hereto. (b) In no event shall the liability of the Subscriber or permitted successor hereunder or under any Transaction Document or other agreement delivered in connection herewith exceed be greater in amount than the Purchase Price paid dollar amount of the net proceeds actually received by such SubscriberSubscriber or successor upon the sale of Registrable Securities (as defined herein). (c) The procedures set forth in Section 8(e) 11.6 shall apply to the indemnification set forth in Section 710(a).

Covenants of the Company Regarding Indemnification. (a) The Company agrees to indemnify, hold harmless, reimburse and defend the Subscriber, the Subscriber’s officers, directors, agents, Affiliates, members, managers, control persons, and principal shareholders, against any claim, cost, expense, liability, obligation, loss or damage (including reasonable legal fees) of any nature, incurred by or imposed upon the Subscriber or any such person which results, arises out of or is based upon (i) any material misrepresentation by the Company or breach of any representation or warranty by the Company in this Agreement or in any Exhibits or Schedules attached hereto in any Transaction DocumentAgreement, or (ii) after any applicable notice and/or cure periods, any breach or default in performance by the Company of any material covenant or undertaking to be performed by the Company hereunder, or any other material agreement entered into by the Company and Subscriber relating hereto. (b) In no event shall the liability of the Subscriber or permitted successor hereunder or under any Transaction Document or other agreement delivered in connection herewith exceed be greater in amount than the Purchase Price paid dollar amount of the net proceeds actually received by such SubscriberSubscriber or successor upon the sale of Registrable Securities (as defined herein). (c) The procedures set forth in Section 8(e) shall apply to the indemnification set forth in Section 7.