Common use of Overriding Principle Clause in Contracts

Overriding Principle. Notwithstanding anything in Section B.3 (Partial Indemnification) and/or Section B.6 (Contribution) and for the avoidance of all doubt, where the Indemnitee incurs Expenses and is personally liable for the Expenses, the Company shall pay those Expenses if, apart from Section B.3 (Partial Indemnification) and/or Section B.6 (Contribution), the Expenses are payable by the Company, irrespective of whether any other person is also liable for such Expenses in whole or in part.

Overriding Principle. Notwithstanding anything in Section B.3 (“Partial Indemnification”) and/or Section B.6 (“Contribution”) and for the avoidance of all doubt, where the Indemnitee incurs Expenses and is personally liable for the Expenses, the Company shall pay those Expenses if, apart from Section B.3 (“Partial Indemnification”) and/or Section B.6 (“Contribution”), the Expenses are payable by the Company, irrespective of whether any other person is also liable for such Expenses in whole or in part.