Common use of Mutual Acknowledgment Clause in Contracts

Mutual Acknowledgment. The Company and Indemnitee acknowledge that, in certain instances, federal law or public policy may override applicable state law and prohibit the Company from indemnifying Indemnitee under this Agreement or otherwise. For example, the Company and Indemnitee acknowledge that the SEC has taken the position that indemnification is not permissible for liabilities arising under certain federal securities laws, and federal legislation prohibits indemnification for certain ERISA violations. Furthermore, Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the SEC to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Mutual Acknowledgment. The Both the Company and Indemnitee acknowledge that, in certain instances, federal law or public policy may override applicable state law and prohibit the Company from indemnifying Indemnitee its directors and officers under this Agreement or otherwise. For example, the Company and Indemnitee acknowledge that the SEC Securities and Exchange Commission (the “SEC”) has taken the position that indemnification is not permissible for liabilities arising under certain federal securities laws, and federal legislation prohibits indemnification for certain ERISA violations. Furthermore, Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the SEC to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Mutual Acknowledgment. The Both the Company and Indemnitee acknowledge that, in certain instances, federal law or public policy may override applicable state law and prohibit the Company from indemnifying Indemnitee its directors and officers under this Agreement or otherwise. For example, the Company and Indemnitee acknowledge that the SEC has taken the position that indemnification is not permissible for liabilities arising under certain federal securities laws, and federal legislation prohibits indemnification for certain ERISA violations. Furthermore, Indemnitee understands and acknowledges that the Company has undertaken undertaken, or may be required in the future to undertake undertake, with the SEC to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee, and any right to indemnification hereunder shall be subject to, and conditioned upon, any such required court determination.

Mutual Acknowledgment. The Both the Company and Indemnitee acknowledge that, that in certain instances, federal law or public policy may override applicable state law and prohibit the Company from indemnifying Indemnitee its directors and officers under this Agreement or otherwise. For example, the Company and Indemnitee acknowledge that the SEC Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities laws, and federal legislation prohibits indemnification for certain ERISA violations. Furthermore, Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the SEC to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Mutual Acknowledgment. The Both the Company and Indemnitee acknowledge that, in certain instances, federal law or public policy may override applicable state law and prohibit the Company from indemnifying Indemnitee its directors under this Agreement or otherwise. For example, the Company and Indemnitee acknowledge that the SEC Securities and Exchange Commission (the “SEC”) has taken the position that indemnification is not permissible for liabilities arising under certain federal securities laws, and federal legislation prohibits indemnification for certain ERISA violations. Furthermore, Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the SEC to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Mutual Acknowledgment. The Both the Company and Indemnitee acknowledge that, in certain instances, federal law or public policy may override applicable state law and prohibit the Company from indemnifying Indemnitee its directors and officers under this Agreement or otherwise. For example, the Company and Indemnitee acknowledge that the SEC Securities and Exchange Commission (the “SEC”) has taken the position that indemnification by the Company is not permissible for liabilities arising under certain federal securities laws, and federal legislation prohibits indemnification for certain ERISA violations. Furthermore, Indemnitee understands and acknowledges that the Company has undertaken undertaken, or may be required in the future to undertake undertake, with the SEC to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee, and that any right to indemnification hereunder shall be subject to, and conditioned upon, any such required court determination.

Mutual Acknowledgment. The Both the Company and Indemnitee acknowledge that, in certain instances, federal law or public policy may override applicable state law and prohibit the Company from indemnifying Indemnitee its directors and officers under this Agreement or otherwise. For example, the Company and Indemnitee acknowledge that the SEC Securities and Exchange Commission (the “SEC”) has taken the position that indemnification is not permissible possible for liabilities arising under certain federal securities laws, and federal legislation prohibits indemnification for certain ERISA violations. Furthermore, Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the SEC to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Mutual Acknowledgment. The Both the Company and Indemnitee acknowledge that, in certain instances, federal law or public policy may override applicable state law and prohibit the Company from indemnifying Indemnitee its directors and officers under this Agreement or otherwise. For example, the Company and Indemnitee acknowledge that the SEC Securities and Exchange Commission (the “SEC”) has taken the position that indemnification is not permissible appropriate for liabilities arising under certain federal securities laws, and federal legislation prohibits indemnification for certain ERISA violations. Furthermore, Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the SEC to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Mutual Acknowledgment. The Both the Company and Indemnitee acknowledge that, that in certain instances, federal Federal law or public policy may override applicable state law and prohibit the Company from indemnifying Indemnitee its directors and officers under this Agreement or otherwise. For example, the Company and Indemnitee acknowledge that the SEC Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities laws, and federal legislation prohibits indemnification for certain ERISA violations. Furthermore, Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the SEC to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Mutual Acknowledgment. The Both the Company and Indemnitee acknowledge that, in certain instances, federal law or public policy may override applicable state law and prohibit the Company from indemnifying Indemnitee its directors and officers under this Agreement or otherwise. For example, the Company and Indemnitee acknowledge that the SEC Securities and Exchange Commission (the "SEC") has taken the position that indemnification is not permissible for liabilities arising under certain federal securities laws, and federal legislation prohibits indemnification for certain ERISA violations. Furthermore, Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the SEC to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.