Common use of Limitations on Additional Indemnity Clause in Contracts

Limitations on Additional Indemnity. No indemnity pursuant to Section 3 hereof shall be paid by the Corporation: (a) In respect to remuneration paid to Indemnitee if it shall be determined by a final judgment, or other final adjudication that such remuneration was in violation of law (the inability of the Corporation to deduct the remuneration from its Federal or any state or other taxable income or other tax effect, shall not be considered a violation of law for purposes of this provision); (b) On account of any suit in which judgment is rendered against a Indemnitee for an accounting of profits made from the purchase or sale by Indemnitee of securities of the corporation pursuant to the provisions of Section 16(b) of the Securities Exchange Act of 1934 and amendments thereto or similar provisions of any federal, state or local law; (c) On account of Indemnitee's conduct which is finally adjudged to have been knowingly fraudulent, deliberately dishonest or knowingly willful grossly inappropriate misconduct; or (d) If a final decision by a Court or arbitration body under this Agreement having jurisdiction in the matter shall determine that such indemnification is not lawful.

Limitations on Additional Indemnity. No indemnity pursuant to Section 3 2 hereof shall be paid by the CorporationCompany: (a) Except to the extent the aggregate of losses to be indemnified thereunder exceeds the amount of such losses for which the Officer is indemnified pursuant to Section 1 hereof or pursuant to any insurance policies or other comparable policies purchased and maintained by the Company; (b) In respect to remuneration paid to Indemnitee Officer if it shall be determined by a final judgment, or other final adjudication finally judicially adjudged that such remuneration was in violation of law (the inability of the Corporation to deduct the remuneration from its Federal or any state or other taxable income or other tax effect, shall not be considered a violation of law for purposes of this provision)law; (bc) On account of any suit in which judgment is rendered against a Indemnitee for an accounting of profits made from the purchase or sale by Indemnitee Officer of securities of the corporation Company pursuant to the provisions of Section 16(b) of the Securities Exchange Act of 1934 and amendments thereto 1934, as amended or similar provisions of any federal, state or local statutory law; (cd) On account of IndemniteeOfficer's conduct which is finally judicially adjudged to have been knowingly fraudulent, deliberately dishonest or knowingly willful grossly inappropriate misconduct; or; (de) If a final decision by a Court or arbitration body under this Agreement having jurisdiction in the matter (all appeals having been denied or none having been taken) shall determine that such indemnification is not lawful.

Limitations on Additional Indemnity. No indemnity pursuant to Section 3 2 hereof shall be paid by the CorporationCompany: (a) Except to the extent the aggregate of losses to be indemnified thereunder exceed the sum of $1,000 plus the amount of such losses for which Director is indemnified pursuant to Section 1 hereof; or (b) In respect to of remuneration paid to Indemnitee Director if it shall be determined by a final judgment, judgment or other final adjudication that such remuneration was in violation of law (the inability of the Corporation to deduct the remuneration from its Federal or any state or other taxable income or other tax effect, shall not be considered a violation of law for purposes of this provision);law; or (bc) On account of any suit in which judgment is rendered against a Indemnitee Director for an accounting of profits made from the purchase and sale or sale and purchase by Indemnitee Director of securities of the corporation Company pursuant to the provisions of Section 16(b) of the Securities and Exchange Act of 1934 and amendments thereto or similar provisions of any federal, state or local statutory law;; or (cd) On account of Indemnitee's Director’s conduct which is finally adjudged to have been knowingly fraudulent, deliberately dishonest or knowingly willful grossly inappropriate misconduct; or (de) If a final decision by a Court or arbitration body under this Agreement court having jurisdiction in the matter shall determine that such indemnification is not lawful.

Limitations on Additional Indemnity. No indemnity pursuant to Section 3 hereof 4 hereto shall be paid by the Corporation: : (a) In if the losses to be indemnified thereunder are indemnified to Director either pursuant to Section 3 hereof or pursuant to any D&O Insurance purchased and maintained by the Corporation; (b) in respect to remuneration paid to Indemnitee Director if it shall be determined by a final judgment, judgment or other final adjudication that such remuneration was in violation of law law; (the inability of the Corporation to deduct the remuneration from its Federal or any state or other taxable income or other tax effect, shall not be considered a violation of law for purposes of this provision); (bc) On on account of any suit in which judgment is rendered against a Indemnitee Director for an accounting of profits made from the purchase or sale by Indemnitee Director of securities of the corporation Corporation pursuant to the provisions of Section 16(b) of the Securities and Exchange Act of 1934 and amendments thereto or similar provisions of any federal, state or local statutory law; ; (cd) On on account of IndemniteeDirector's conduct which is finally adjudged to have been knowingly fraudulent, fraudulent or deliberately dishonest or knowingly willful grossly inappropriate misconductdishonest; or (de) If for losses by Director pursuant to Section 174 of the State Statute; (f) in a final decision by a Court or arbitration body under this Agreement having jurisdiction in the matter shall determine that such indemnification is not lawful.

Limitations on Additional Indemnity. No indemnity pursuant to Section 3 hereof 4 hereto shall be paid by the Corporation: (a) In if the losses to be indemnified thereunder are indemnified to Officer either pursuant to Section 3 hereof or pursuant to any D&O Insurance purchased and maintained by the Corporation; (b) in respect to remuneration paid to Indemnitee Officer if it shall be determined by a final judgment, judgment or other final adjudication that such remuneration was in violation of law (the inability of the Corporation to deduct the remuneration from its Federal or any state or other taxable income or other tax effect, shall not be considered a violation of law for purposes of this provision)law; (bc) On on account of any suit in which judgment is rendered against a Indemnitee Officer for an accounting of profits made from the purchase or sale by Indemnitee Officer of securities of the corporation Corporation pursuant to the provisions of Section 16(b) of the Securities and Exchange Act of 1934 and amendments thereto or similar provisions of any federal, state or local statutory law; (cd) On on account of IndemniteeOfficer's conduct which is finally adjudged to have been knowingly fraudulent, fraudulent or deliberately dishonest or knowingly willful grossly inappropriate misconduct; ordishonest; (de) If for losses by Officer pursuant to Section 174 of the State Statute; (f) in a final decision by a Court or arbitration body under this Agreement having jurisdiction in the matter shall determine that such indemnification is not lawful.

Limitations on Additional Indemnity. No indemnity pursuant to Section 3 2 hereof shall be paid by the Corporation: (a) Except to the extent the aggregate of losses to be indemnified thereunder exceed the sum of $1,000 plus the amount of such losses for which Director is indemnified pursuant to Section 1 hereof; or (b) In respect to of remuneration paid to Indemnitee Director if it shall be determined by a final judgment, judgment or other final adjudication that such remuneration was in violation of law (the inability of the Corporation to deduct the remuneration from its Federal or any state or other taxable income or other tax effect, shall not be considered a violation of law for purposes of this provision);law; or (bc) On account of any suit in which judgment is rendered against a Indemnitee Director for an accounting of profits made from the purchase and sale or sale and purchase by Indemnitee Director of securities of the corporation Corporation pursuant to the provisions of Section 16(b) of the Securities and Exchange Act of 1934 and amendments thereto or similar provisions of any federal, state or local statutory law;; or (cd) On account of Indemnitee's Director’s conduct which is finally adjudged to have been knowingly fraudulent, deliberately dishonest or knowingly willful grossly inappropriate misconduct; or (de) If a final decision by a Court or arbitration body under this Agreement court having jurisdiction in the matter shall determine that such indemnification is not lawful.

Limitations on Additional Indemnity. No indemnity pursuant to ------------------------------------ Section 3 2 hereof shall be paid by the CorporationCompany: (a) Except to the extent the aggregate of losses to be indemnified thereunder exceeds the amount of such losses for which the Director is indemnified pursuant to Section 1 hereof or pursuant to any insurance policies or other comparable policies purchased and maintained by the Company; (b) In respect to remuneration paid to Indemnitee Director if it shall be determined by a final judgment, or other final adjudication finally judicially adjudged that such remuneration was in violation of law law; (the inability of the Corporation to deduct the remuneration from its Federal or any state or other taxable income or other tax effect, shall not be considered a violation of law for purposes of this provision); (bc) On account of any suit in which judgment is rendered against a Indemnitee for an accounting of profits made from the purchase or sale by Indemnitee Director of securities of the corporation Company pursuant to the provisions of Section 16(b) of the Securities Exchange Act of 1934 and amendments thereto 1934, as amended or similar provisions of any federal, state or local statutory law; ; (cd) On account of IndemniteeDirector's conduct which is finally judicially adjudged to have been knowingly fraudulent, deliberately dishonest or knowingly willful grossly inappropriate misconduct; or (d) If a final decision by a Court or arbitration body under this Agreement having jurisdiction in the matter shall determine that such indemnification is not lawful.;

Limitations on Additional Indemnity. No indemnity pursuant to Section 3 2 hereof shall be paid by the CorporationCompany: (a) Except to the extent the aggregate of losses to be indemnified thereunder exceeds the amount of such losses for which the Director is indemnified pursuant to Section 1 hereof or pursuant to any insurance policies or other comparable policies purchased and maintained by the Company; (b) In respect to remuneration paid to Indemnitee Director if it shall be determined by a final judgment, or other final adjudication finally judicially adjudged that such remuneration was in violation of law (the inability of the Corporation to deduct the remuneration from its Federal or any state or other taxable income or other tax effect, shall not be considered a violation of law for purposes of this provision)law; (bc) On account of any suit in which judgment is rendered against a Indemnitee for an accounting of profits made from the purchase or sale by Indemnitee Director of securities of the corporation Company pursuant to the provisions of Section 16(b) of the Securities Exchange Act of 1934 and amendments thereto 1934, as amended or similar provisions of any federal, state or local statutory law; (cd) On account of IndemniteeDirector's conduct which is finally judicially adjudged to have been knowingly fraudulent, deliberately dishonest or knowingly willful grossly inappropriate misconduct; or; (de) If a final decision by a Court or arbitration body under this Agreement having jurisdiction in the matter (all appeals having been denied or none having been taken) shall determine that such indemnification is not lawful.