Common use of Duration of Agreement; Binding Effect Clause in Contracts

Duration of Agreement; Binding Effect. (a) This Agreement shall continue until and terminate upon the expiration of the applicable statute of limitations for claims against Indemnitee that are subject to indemnification pursuant to this Agreement; provided, that the rights of Indemnitee hereunder shall continue until the final termination of any Proceeding then pending in respect of which Indemnitee is granted rights of indemnification or advance of Expenses hereunder and of any proceeding commenced by Indemnitee pursuant to Section 11 of this Agreement relating thereto, and of any Proceeding commenced after the expiration of the applicable statute of limitations and subsequently dismissed as a result thereof. (b) The indemnification and advance of Expenses provided by, or granted pursuant to, this Agreement shall be binding upon and be enforceable by the parties hereto and their respective successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Trust), shall continue as to an Indemnitee who has ceased to be a director, trustee, officer, employee or agent of the Trust or of any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise that such person is or was serving at the request of the Trust, and shall inure to the benefit of Indemnitee and his or her spouse, assigns, heirs, devisees, executors and administrators and other legal representatives. (c) The Trust shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Trust, by written agreement in form and substance satisfactory to Indemnitee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Trust would be required to perform if no such succession had taken place.

Duration of Agreement; Binding Effect. (a) This Agreement shall continue until and terminate upon the expiration of the applicable statute of limitations for claims against Indemnitee that which are subject to indemnification pursuant to this Agreement; provided, that the rights of Indemnitee hereunder shall continue until the final termination of any Proceeding then pending in respect of which Indemnitee is granted rights of indemnification or advance of Expenses hereunder hereunder, and of any proceeding Proceeding commenced by Indemnitee pursuant to Section 11 of this Agreement relating thereto, and of any Proceeding commenced after the expiration of the applicable statute of limitations and subsequently dismissed as a result thereof. (b) The indemnification and advance of Expenses provided by, or granted pursuant to, this Agreement shall be binding upon and be enforceable by the parties hereto and their respective successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the TrustCompany), shall continue as to an Indemnitee who has ceased to be a director, trustee, officer, employee or agent of the Trust Company or of any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise that which such person is or was serving at the request of the TrustCompany, and shall inure to the benefit of Indemnitee and his or her spouse, assigns, heirs, devisees, executors and administrators and other legal representatives. (c) The Trust Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all or substantially all a substantial part, of the business and/or assets of the TrustCompany, by written agreement in form and substance satisfactory to Indemnitee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Trust Company would be required to perform if no such succession had taken place.

Duration of Agreement; Binding Effect. (a) This Agreement shall continue until and terminate upon the expiration of the applicable statute of limitations for claims against Indemnitee that which are subject to indemnification pursuant to this Agreement; provided, that the rights of Indemnitee hereunder shall continue until the final termination of any Proceeding then pending in respect of which Indemnitee is granted rights of indemnification or advance of Expenses hereunder and of any proceeding commenced by Indemnitee pursuant to Section 11 of this Agreement relating thereto, and of any Proceeding commenced after the expiration of the applicable statute of limitations and subsequently dismissed as a result thereof. (b) The indemnification and advance of Expenses provided by, or granted pursuant to, this Agreement shall be binding upon and be enforceable by the parties hereto and their respective successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the TrustCompany), shall continue as to an Indemnitee who has ceased to be a director, trustee, officer, employee or agent of the Trust Company or of any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise that which such person is or was serving at the request of the TrustCompany, and shall inure to the benefit of Indemnitee and his or her spouse, assigns, heirs, devisees, executors and administrators and other legal representatives. (c) The Trust Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all or substantially all a substantial part, of the business and/or assets of the TrustCompany, by written agreement in form and substance satisfactory to Indemnitee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Trust Company would be required to perform if no such succession had taken place.

Duration of Agreement; Binding Effect. (a) This Agreement shall continue until and terminate upon ten years after the expiration date that Indemnitee shall have ceased to serve as a director, trustee, officer, employee, or agent of the applicable statute Company or of limitations for claims against any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise which Indemnitee that are subject to indemnification pursuant to this Agreementserved at the request of the Company; provided, that the rights of Indemnitee hereunder shall continue until the later of final termination (i) of any Proceeding then pending in respect of which Indemnitee is granted rights of indemnification or advance of Expenses hereunder and (ii) of any proceeding commenced by Indemnitee pursuant to Section 11 of this Agreement relating thereto, and of any Proceeding commenced after the expiration of the applicable statute of limitations and subsequently dismissed as a result thereof. (b) The indemnification and advance of Expenses provided by, or granted pursuant to, this Agreement shall be binding upon and be enforceable by the parties hereto and their respective successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the TrustCompany), shall continue as to an Indemnitee who has ceased to be a director, trustee, officer, employee or agent of the Trust Company or of any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise that which such person is or was serving at the request of the TrustCompany, and shall inure to the benefit of Indemnitee and his or her spouse, assigns, heirs, devisees, executors and administrators and other legal representatives. (c) The Trust Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all or substantially all a substantial part, of the business and/or assets of the TrustCompany, by written agreement in form and substance satisfactory to Indemnitee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Trust Company would be required to perform if no such succession had taken place.

Duration of Agreement; Binding Effect. (a) This Agreement shall continue until and terminate upon ten years after the expiration date that Indemnitee shall have ceased to serve as a director, trustee, officer, employee, or agent of the applicable statute Company or of limitations for claims against any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise which Indemnitee that are subject to indemnification pursuant to this Agreementserved at the written request of the Company; provided, that the rights of Indemnitee hereunder shall continue until the final termination of any Proceeding then pending in respect of which Indemnitee is granted rights of indemnification or advance of Expenses hereunder and of any proceeding commenced by Indemnitee pursuant to Section 11 of this Agreement relating thereto, and of any Proceeding commenced after the expiration of the applicable statute of limitations and subsequently dismissed as a result thereof. (b) The indemnification and advance of Expenses provided by, or granted pursuant to, this Agreement shall be binding upon and be enforceable by the parties hereto and their respective successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the TrustCompany), shall continue as to an Indemnitee who has ceased to be a director, trustee, officer, employee or agent of the Trust Company or of any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise that which such person is or was serving at the written request of the TrustCompany, and shall inure to the benefit of Indemnitee and his or her spouse, assigns, heirs, devisees, executors and administrators and other legal representatives. (c) The Trust Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all or substantially all a substantial part, of the business and/or assets of the TrustCompany, by written agreement in form and substance satisfactory to Indemnitee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Trust Company would be required to perform if no such succession had taken place.

Duration of Agreement; Binding Effect. (a) This Agreement shall continue until in effect and terminate upon the expiration shall survive any termination of Indemnitee’s service as a director, trustee, officer, employee, or agent of the applicable statute of limitations for claims against Indemnitee that are subject to indemnification pursuant to this Agreement; provided, that the rights of Indemnitee hereunder shall continue until the final termination Company or of any Proceeding then pending in respect of other corporation, partnership, limited liability company, joint venture, trust, employee benefit plan or other enterprise which Indemnitee is granted rights of indemnification or advance of Expenses hereunder and of any proceeding commenced by Indemnitee pursuant to Section 11 of this Agreement relating thereto, and of any Proceeding commenced after served at the expiration request of the applicable statute of limitations and subsequently dismissed as a result thereofCompany. (b) The indemnification and advance of Expenses provided by, or granted pursuant to, this Agreement shall be binding upon and be enforceable by the parties hereto and their respective successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the TrustCompany), shall continue and survive any termination of this Agreement and any termination of Indemnitee’s service as to an Indemnitee who has ceased to be a director, trustee, officer, employee or agent of the Trust Company or of any other corporation, partnership, limited liability company, joint venture, trust, employee benefit plan or other enterprise that which such person is or was serving at the written request of the TrustCompany, and shall inure to the benefit of Indemnitee and his or her spouse, assigns, heirs, devisees, executors and administrators and other legal representatives. (c) The Trust Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all or substantially all a substantial part of the business and/or assets of the TrustCompany, by written agreement in form and substance satisfactory to Indemnitee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Trust Company would be required to perform if no such succession had taken place.

Duration of Agreement; Binding Effect. (a) This Agreement shall continue until and terminate upon ten years after the expiration date that Indemnitee shall have ceased to serve as a director, advisory director, trustee, officer, employee, or agent of the applicable statute Company or of limitations for claims against any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise which Indemnitee that are subject to indemnification pursuant to this Agreementserved at the request of the Company; provided, that the rights of Indemnitee hereunder shall continue until the final termination of any Proceeding then pending in respect of which Indemnitee is granted rights of indemnification or advance of Expenses hereunder and of any proceeding commenced by Indemnitee pursuant to Section 11 12 of this Agreement relating thereto, and of any Proceeding commenced after the expiration of the applicable statute of limitations and subsequently dismissed as a result thereof. (b) The indemnification and advance of Expenses provided by, or granted pursuant to, this Agreement shall be binding upon and be enforceable by the parties hereto and their respective successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the TrustCompany), shall continue as to an Indemnitee who has ceased to be a director, advisory director, trustee, officer, employee or agent of the Trust Company or of any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise that which such person is or was serving at the written request of the TrustCompany, and shall inure to the benefit of Indemnitee and his or her spouse, assigns, heirs, devisees, executors and administrators and other legal representatives. (c) The Trust Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all or substantially all a substantial part, of the business and/or assets of the TrustCompany, by written agreement in form and substance satisfactory to Indemnitee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Trust Company would be required to perform if no such succession had taken place.

Duration of Agreement; Binding Effect. (a) This Agreement shall continue until and terminate upon ten years after the expiration date that Indemnitee shall have ceased to serve as a director, trustee, officer, employee, or agent of the applicable statute Company or of limitations for claims against any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise which Indemnitee that are subject to indemnification pursuant to this Agreementserved at the request of the Company; provided, that the rights of Indemnitee hereunder shall continue until the later of final termination (i) of any Proceeding then pending in respect of which Indemnitee is granted rights of indemnification or advance of Expenses hereunder and (ii) of any proceeding commenced by Indemnitee pursuant to Section 11 of this Agreement relating thereto, and of any Proceeding commenced after the expiration of the applicable statute of limitations and subsequently dismissed as a result thereof. (b) The indemnification and advance of Expenses provided by, or granted pursuant to, this Agreement shall be binding upon and be enforceable by the parties hereto and their respective successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the TrustCompany), shall continue as to an Indemnitee who has ceased to be a director, trustee, officer, employee or agent of the Trust Company or of any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise that which such person is or was serving at the request of the TrustCompany, and shall inure to the benefit of Indemnitee and his or her spouse, assigns, heirs, devisees, executors and administrators and other legal representatives. (c) The Trust Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all or substantially all a substantial part, of the business and/or assets of the TrustCompany, by written agreement in form and substance satisfactory to Indemnitee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Trust Company would be required to perform if no such succession had taken place.

Duration of Agreement; Binding Effect. (a) This Agreement shall continue until and terminate upon the expiration of the applicable statute of limitations for claims against Indemnitee that which are subject to indemnification pursuant to this Agreement; provided, provided that the rights of Indemnitee hereunder shall continue until the final termination of any Proceeding then pending in respect of which Indemnitee is granted rights of indemnification or advance of Expenses hereunder hereunder, and of any proceeding Proceeding commenced by Indemnitee pursuant to Section 11 12 of this Agreement relating thereto, and of any Proceeding commenced after the expiration of the applicable statute of limitations and subsequently dismissed as a result thereof. (b) The indemnification and advance of Expenses provided by, or granted pursuant to, this Agreement shall be binding upon and be enforceable by the parties hereto and their respective successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the TrustCompany), shall continue as to an Indemnitee who has ceased to be a director, trustee, officer, employee or agent of the Trust Company or of any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise that which such person is or was serving at the written request of the TrustCompany, and shall inure to the benefit of Indemnitee and his or her spouse, assigns, heirs, devisees, executors and administrators and other legal representatives. (c) The Trust Company and FLLP shall each require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all or substantially all a substantial part, of the business and/or assets of the TrustCompany or FLLP, as the case may be, by written agreement in form and substance reasonably satisfactory to Indemnitee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Trust they would be required to perform if no such succession had taken place.

Duration of Agreement; Binding Effect. (a) This Agreement shall continue until and terminate upon the expiration of the applicable statute of limitations for claims against Indemnitee that which are subject to indemnification pursuant to this Agreement; provided, provided that the rights of Indemnitee hereunder shall continue until the final termination of any Proceeding then pending in respect of which Indemnitee is granted rights of indemnification or advance of Expenses hereunder hereunder, and of any proceeding Proceeding commenced by Indemnitee pursuant to Section 11 12 of this Agreement relating thereto, and of any Proceeding commenced after the expiration of the applicable statute of limitations and subsequently dismissed as a result thereof. (b) The indemnification and advance of Expenses provided by, or granted pursuant to, this Agreement shall be binding upon and be enforceable by the parties hereto and their respective successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the TrustCompany), shall continue as to an Indemnitee who has ceased to be a director, trustee, officer, employee or agent of the Trust Company or of any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise that which such person is or was serving at the written request of the TrustCompany, and shall inure to the benefit of Indemnitee and his or her spouse, assigns, heirs, devisees, executors and administrators and other legal representatives. (c) The Trust Company and FLLP shall each require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all or substantially all a substantial part, of the business and/or assets of the TrustCompany or FLLP, as the case may be, by written agreement in form and substance reasonably satisfactory to Indemnitee, 55981302.7 expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Trust they would be required to perform if no such succession had taken place.