Common use of Multiple Rights to Indemnification Clause in Contracts

Multiple Rights to Indemnification. If any Person is both a P&D Covered Person and an Officer Covered Person with respect to any loss, liability or expense (including taxes arising from or relating to any indemnification payment, or advancement of expenses, received pursuant to this Agreement; penalties; judgments; fines; amounts paid or to be paid in settlement; costs of investigation and preparations suffered by any such Person; and fees, expenses, and disbursements of attorneys, whether or not the dispute or proceeding involves the General Partner, the Partnership or any GP Manager, Officer or Partner), such Person shall be entitled to be indemnified for such loss, liability or expense to the greatest extent that either a P&D Covered Person or an Officer Covered Person is entitled to indemnification for such matters under this Agreement. However, for the avoidance of doubt, an Officer who is also a P&D Covered Person as a result of his or her status as a Partner, GP Manager or member of another class of Persons who are P&D Covered Persons, shall not be entitled to be indemnified or released from liability as a P&D Covered Person under Section 8.1 for any action taken or omitted to be taken in such Person’s capacity as an Officer or for any other matter relating to such Person’s status as an Officer.

Multiple Rights to Indemnification. If any Person is entitled to indemnification or advancement of expenses as both a P&D an M&D Covered Person and an Officer Covered Person with respect to any particular loss, liability or expense (including taxes arising from or relating to any indemnification payment, or advancement of expenses, received pursuant to this Agreementincluding: taxes; penalties; judgments; fines; amounts paid or to be paid in settlement; reasonable costs of investigation and preparations suffered by any such Person; and reasonable fees, expenses, and disbursements of attorneys, whether or not the dispute or proceeding involves the General Partner, the Partnership Company or any GP Manager, Officer Manager or PartnerMember), such Person shall be entitled to be indemnified for such loss, liability or expense to the greatest extent that either a P&D an M&D Covered Person or an Officer Covered Person is entitled to indemnification for such matters under this Agreement. HoweverNotwithstanding the foregoing, for the avoidance of doubt, an any Officer Covered Person who is also a P&D an M&D Covered Person as a result of his or her status as a PartnerMember, GP Manager or member of another class of Persons who are P&D M&D Covered Persons, shall not be entitled to be indemnified or released from liability as a P&D an M&D Covered Person under Section 8.1 8.02 for any action taken or omitted to be taken in such Person’s capacity as an Officer Covered Person or for any other matter relating to such Person’s status as an OfficerOfficer Covered Person.