Common use of Indemnification by Stockholders Clause in Contracts

Indemnification by Stockholders. Each Stockholder, if Registrable Securities held by it are included in the securities as to which a registration is being effected, agrees to, severally and not jointly, indemnify and hold harmless, to the fullest extent permitted by law, the Company, its directors and officers, each other Person who participates as an Underwriter in the offering or sale of such securities, each Person who controls the Company or any such Underwriter (within the meaning of the Securities Act) and any other Person selling Common Shares in such Registration Statement against any and all Claims, insofar as such Claims arise out of or are based upon any untrue or alleged untrue statement of a material fact contained in any Registration Statement or Prospectus (including any preliminary, final or summary prospectus and any amendment or supplement thereto) related to such registration, or any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, to the extent, but only to the extent, that such untrue statement or alleged untrue statement or omission or alleged omission was made in reliance upon and in conformity with written information furnished to the Company by the Stockholder or its representative for use therein; provided, however, that the aggregate amount which any such Stockholder shall be required to pay pursuant to this Section 5.2 shall in no event be greater than the amount of the net proceeds received by such Stockholder upon the sale of the Registrable Securities pursuant to the Registration Statement giving rise to such Claims less all amounts previously paid by such Stockholder with respect to any such Claims. Such indemnity shall remain in full force and effect regardless of any investigation made by or on behalf of such indemnified party and shall survive the transfer of such securities by such Stockholder or Underwriter.

Indemnification by Stockholders. Each Stockholder, if If Registrable Securities held by it a Stockholder are included in the securities as to which a such registration is being effected, agrees to, severally and not jointly, the Stockholder shall indemnify and hold harmless, to the fullest extent permitted by law, the Company, each of its directors officers and officersdirectors, each other Person underwriter and each person who participates as an Underwriter in the offering or sale of such securitiescontrols any underwriter, and each Person person, if any, who controls the Company or any such Underwriter (underwriter within the meaning of Section 15 of the Securities Act) , and each person affiliated with or retained by the Company and who may be subject to liability under any applicable securities laws, against all claims, losses, damages and liabilities (or actions in respect thereof), including any of the foregoing incurred in settlement of any litigation, commenced or threatened, to which they may become subject under the Securities Act or other Person selling Common Shares in such Registration Statement against any and all Claimsfederal or state law, insofar as such Claims arise arising out of or are based upon on: (a) any untrue statement or alleged untrue statement of a material fact contained in any Registration Statement such registration statement, prospectus, offering circular or Prospectus (including any preliminary, final or summary prospectus and any amendment or supplement thereto) related to such registrationother similar document, or any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleadingmisleading in the light of the circumstances under which they were made, in each case to the extent, but only to the extent, that such untrue statement or alleged untrue statement or omission or alleged omission was is made in such registration statement, prospectus, offering circular or other document in reliance upon and in conformity with written information furnished to the Company by the Stockholder or its representative an instrument duly executed by Stockholders and stated to be specifically for use therein; provided, however, that the aggregate amount which and (b) any legal and other expenses reasonably incurred in connection with investigating or defending any such Stockholder shall be required to pay pursuant to this Section 5.2 shall in no event be greater than the amount of the net proceeds received by such Stockholder upon the sale of the Registrable Securities pursuant to the Registration Statement giving rise to such Claims less all amounts previously paid by such Stockholder with respect to any such Claims. Such indemnity shall remain in full force and effect regardless of any investigation made by claim, loss, damage, liability or on behalf of such indemnified party and shall survive the transfer of such securities by such Stockholder or Underwriteraction, as incurred.

Indemnification by Stockholders. Each Stockholder, if If Registrable Securities held by it Stockholders are included in the securities as to which a such registration is being effected, agrees toeach Stockholder shall, severally and not jointly, indemnify and hold harmless, to the fullest extent permitted by law, the Company, each of its directors officers and officersdirectors, each other Person underwriter and each person who participates as an Underwriter in the offering or sale of such securitiescontrols any underwriter, and each Person person, if any, who controls the Company or any such Underwriter (underwriter within the meaning of Section 15 of the Securities Act) , and each person affiliated with or retained by the Company and who may be subject to liability under any applicable securities laws, against all claims, losses, damages and liabilities (or actions in respect thereof), including any of the foregoing incurred in settlement of any litigation, commenced or threatened, to which they may become subject under the Securities Act or other Person selling Common Shares in such Registration Statement against any and all Claimsfederal or state law, insofar as such Claims arise arising out of or are based upon on: (a) any untrue statement or alleged untrue statement of a material fact contained in any Registration Statement such registration statement, prospectus, offering circular or Prospectus (including any preliminary, final or summary prospectus and any amendment or supplement thereto) related to such registrationother similar document, or any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleadingmisleading in the light of the circumstances under which they were made, in each case to the extent, but only to the extent, that such untrue statement or alleged untrue statement or omission or alleged omission was is made in such registration statement, prospectus, offering circular or other document in reliance upon and in conformity with written information furnished to the Company by the an instrument duly executed by such Stockholder or its representative and stated to be specifically for use therein; provided, however, that the aggregate amount which and (b) any legal and other expenses reasonably incurred in connection with investigating or defending any such Stockholder shall be required to pay pursuant to this Section 5.2 shall in no event be greater than the amount of the net proceeds received by such Stockholder upon the sale of the Registrable Securities pursuant to the Registration Statement giving rise to such Claims less all amounts previously paid by such Stockholder with respect to any such Claims. Such indemnity shall remain in full force and effect regardless of any investigation made by claim, loss, damage, liability or on behalf of such indemnified party and shall survive the transfer of such securities by such Stockholder or Underwriteraction, as incurred.

Indemnification by Stockholders. Each Stockholder, if If Registrable Securities held by it a Stockholder are included in the securities as to which a such registration is being effected, agrees to, severally and not jointly, such Stockholder shall indemnify and hold harmless, to the fullest extent permitted by law, the Company, each of its directors officers and officersdirectors, each other Person underwriter and each person who participates as an Underwriter in the offering or sale of such securitiescontrols any underwriter, and each Person person, if any, who controls the Company or any such Underwriter (underwriter within the meaning of Section 15 of the Securities Act) , and each person affiliated with or retained by the Company and who may be subject to liability under any applicable securities laws, against all claims, losses, damages and liabilities (or actions in respect thereof), including any of the foregoing incurred in settlement of any litigation, commenced or threatened, to which they may become subject under the Securities Act or other Person selling Common Shares in such Registration Statement against any and all Claimsfederal or state law, insofar as such Claims arise arising out of or are based upon on: (a) any untrue statement or alleged untrue statement of a material fact contained in any Registration Statement such registration statement, prospectus, offering circular or Prospectus (including any preliminary, final or summary prospectus and any amendment or supplement thereto) related to such registrationother similar document, or any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleadingmisleading in the light of the circumstances under which they were made, in each case to the extent, but only to the extent, that such untrue statement or alleged untrue statement or omission or alleged omission was is made in such registration statement, prospectus, offering circular or other document in reliance upon and in conformity with written information furnished to the Company by the an instrument duly executed by such Stockholder or its representative and stated to be specifically for use therein; provided, however, that the aggregate amount which and (b) any legal and other expenses reasonably incurred in connection with investigating or defending any such Stockholder shall be required to pay pursuant to this Section 5.2 shall in no event be greater than the amount of the net proceeds received by such Stockholder upon the sale of the Registrable Securities pursuant to the Registration Statement giving rise to such Claims less all amounts previously paid by such Stockholder with respect to any such Claims. Such indemnity shall remain in full force and effect regardless of any investigation made by claim, loss, damage, liability or on behalf of such indemnified party and shall survive the transfer of such securities by such Stockholder or Underwriteraction, as incurred.

Indemnification by Stockholders. Each Stockholder, if Registrable Securities held by it are included in the securities as to which a registration is being effected, agrees toStockholder shall, severally and not jointly, indemnify and hold harmlessharmless the Company, its respective directors, officers, agents and employees, each Person who controls the Company (within the meaning of Section 15 of the Securities Act and Section 20 of the Exchange Act), and the directors, officers, agents or employees of such controlling Persons, to the fullest extent permitted by applicable law, the Companyfrom and against all Losses, its directors and officersas incurred, each other Person who participates as an Underwriter in the offering or sale of such securities, each Person who controls the Company or any such Underwriter (within the meaning of the Securities Act) and any other Person selling Common Shares in such Registration Statement against any and all Claims, insofar as such Claims arise arising out of or are based upon any untrue or alleged untrue statement of a material fact contained in any Registration Statement Statement, any prospectus, or Prospectus (including any preliminaryform of prospectus, final or summary prospectus and in any amendment or supplement thereto) related to such registrationthereto or in any preliminary prospectus, or arising out of or relating to any omission or alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein (in the case of any prospectus, or any form of prospectus or supplement thereto, in the light of the circumstances under which they were made) not misleading, misleading (a) to the extent, but only to the extent, that such untrue statement statements or alleged untrue statement or omission or alleged omission was made omissions are based upon information regarding such Stockholder furnished in reliance upon and in conformity with written information furnished writing to the Company by the such Stockholder or its representative expressly for use therein; provided, however(b) to the extent, but only to the extent, that the aggregate amount which any such information relates to such Stockholder shall be required or such Stockholder’s proposed method of distribution of Registrable Securities and was provided by such Stockholder expressly for use in a Registration Statement, such prospectus or such form of prospectus or in any amendment or supplement thereto or (c) in the case of an occurrence of an event of the type specified in Section 5.6, to pay pursuant the extent, but only to this Section 5.2 shall the extent, related to the use by such Stockholder of an outdated or defective prospectus after the Company has notified such Stockholder in writing that the prospectus is outdated or defective, but only if and to the extent the misstatement or omission giving rise to such Loss would have been corrected. In no event shall the liability of any Stockholder hereunder be greater in amount than the dollar amount of the net proceeds received by such Stockholder upon the sale of the Registrable Securities pursuant to the Registration Statement giving rise to such Claims less all amounts previously paid by such Stockholder with respect to any such Claimsindemnification obligation. Such indemnity shall remain in full force and effect regardless of any investigation made by or on behalf of such indemnified party and an Indemnified Party, shall survive the transfer of such securities the Registrable Securities by such the Stockholders, and shall be in addition to any liability which the Stockholder or Underwritermay otherwise have.