Common use of Procedure for Determination of Entitlement to Indemnification Clause in Contracts

Procedure for Determination of Entitlement to Indemnification. (a) Whenever Director believes that he or she is entitled to indemnification pursuant to this Agreement, Director shall submit a written request for indemnification to Corporation. Any request for indemnification shall include sufficient documentation or information reasonably available to Director to support his or her claim for indemnification. Director shall submit his or her claim for indemnification within a reasonable time not to exceed five years after any judgment, order, settlement, dismissal, arbitration award, conviction, acceptance of a plea of nolo contendere or its equivalent, final termination or other disposition or partial disposition of any Proceeding, whichever is the later date for which Director requests indemnification. The President, Secretary or other appropriate officer shall, promptly upon receipt of Director's request for indemnification, advise the Board in writing that Director has made such a request. Determination of Director's entitlement to indemnification shall be made not later than ninety (90) days after Corporation's receipt of his or her written request for such indemnification. (b) The Director shall be entitled to select the forum in which Director's request for indemnification will be heard, which selection shall be included in the written request for indemnification required in Section 5(a). This forum shall be any one of the following: (i) The stockholders of Corporation; (ii) A quorum of the Board consisting of Disinterested Directors;

Procedure for Determination of Entitlement to Indemnification. (a) Whenever Director believes that he or she is entitled to indemnification pursuant to this Agreement, Director shall submit a written request for indemnification to Corporation. Any request for indemnification shall include sufficient documentation or information reasonably available to Director to support his or her claim for indemnification. Director shall submit his or her claim for indemnification within a reasonable time not to exceed five years after any judgment, order, settlement, dismissal, arbitration award, conviction, acceptance of a plea of nolo contendere or its equivalent, final termination or other disposition or partial disposition of any Proceeding, whichever is the later date for which Director requests indemnification. The President, President or the Secretary or other appropriate officer shall, promptly upon receipt of Director's request for indemnification, advise the Board of Directors in writing that Director has made such a request. Determination of Director's entitlement to indemnification shall be made not later than ninety (90) days after Corporation's receipt of his or her written request for such indemnification. (b) The Director shall be entitled to select the forum in which Director's request for indemnification will be heard, which selection shall be included in the written request for indemnification required in Section 5(a). This forum shall be any one of the following: (i) The stockholders of Corporation; (ii) A quorum of the Board of Directors consisting of Disinterested Directors;

Procedure for Determination of Entitlement to Indemnification. (a) Whenever the Director believes that he or she is entitled to indemnification pursuant to this Agreement, the Director shall submit a written request for indemnification to Corporationthe Company. Any A request for indemnification shall include sufficient documentation or information reasonably available to the Director to support his or her claim for indemnification. The Director shall submit his or her claim for indemnification within a reasonable time not to exceed five three years after any judgment, order, settlement, dismissal, arbitration award, conviction, acceptance of a plea of nolo contendere or its equivalent, final termination or other disposition or partial disposition of any Proceeding, whichever is the later date for which the Director requests indemnification. The President, Secretary president or the secretary or other appropriate officer of the Company shall, promptly upon receipt of the Director's request for indemnification, advise the Board of Directors in writing that the Director has made such a request. Determination of the Director's entitlement to indemnification shall be made not later than ninety (90) 90 days after Corporationthe Company's receipt of his or her written request for such indemnification. (b) The Director shall be entitled to select the forum in which the Director's request for indemnification will be heard, which selection shall be included in the written request for indemnification required in Section 5(a6(a). This If the Director fails to make such designation, his claim shall be determined by the forum selected by the Company. The forum shall be any one of the following: (i) The stockholders of Corporation; (ii) A quorum of the Board of Directors consisting of Disinterested Directors;; or (ii) Independent Legal Counsel, who shall make the determination in a written opinion.

Procedure for Determination of Entitlement to Indemnification. (a) Whenever Director Officer believes that he or she is entitled to indemnification pursuant to this Agreement, Director Officer shall submit a written request for indemnification to Corporation. Any request for indemnification shall include sufficient documentation or information reasonably available to Director Officer to support his or her claim for indemnification. Director Officer shall submit his or her claim for indemnification within a reasonable time not to exceed five years after any judgment, order, settlement, dismissal, arbitration award, conviction, acceptance of a plea of nolo contendere or its equivalent, final termination or other disposition or partial disposition of any Proceeding, whichever is the later date for which Director Officer requests indemnification. The President, Secretary or other appropriate officer shall, promptly upon receipt of DirectorOfficer's request for indemnification, advise the Board in writing that Director Officer has made such a request. Determination of DirectorOfficer's entitlement to indemnification shall be made not later than ninety (90) days after Corporation's receipt of his or her written request for such indemnification. (b) The Director Officer shall be entitled to select the forum in which DirectorOfficer's request for indemnification will be heard, which selection shall be included in the written request for indemnification required in Section 5(a). This forum shall be any one of the following: (i) The stockholders of Corporation; (ii) A quorum of the Board consisting of Disinterested Directors;

Procedure for Determination of Entitlement to Indemnification. (a) Whenever Director Officer believes that he or she is entitled to indemnification pursuant to this Agreement, Director Officer shall submit a written request for indemnification to Corporation. Any request for indemnification shall include sufficient documentation or information reasonably available to Director Officer to support his or her claim for indemnification. Director Officer shall submit his or her claim for indemnification within a reasonable time not to exceed five years after any judgment, order, settlement, dismissal, arbitration award, conviction, acceptance of a plea of nolo contendere or its equivalent, final termination or other disposition or partial disposition of any Proceeding, whichever is the later date for which Director Officer requests indemnification. The President, President or the Secretary or other appropriate officer shall, promptly upon receipt of DirectorOfficer's request for indemnification, advise the Board of Directors in writing that Director Officer has made such a request. Determination of DirectorOfficer's entitlement to indemnification shall be made not later than ninety (90) days after Corporation's receipt of his or her written request for such indemnification. (b) The Director Officer shall be entitled to select the forum in which DirectorOfficer's request for indemnification will be heard, which selection shall be included in the written request for indemnification required in Section 5(a). This forum shall be any one of the following: (i) The stockholders of Corporation; (ii) A quorum of the Board of Directors consisting of Disinterested Directors;

Procedure for Determination of Entitlement to Indemnification. (a) Whenever Director the Officer believes that he or she is entitled to indemnification pursuant to this Agreement, Director the Officer shall submit a written request for indemnification to Corporationthe Company. Any A request for indemnification shall include sufficient documentation or information reasonably available to Director the Officer to support his or her claim for indemnification. Director The Officer shall submit his or her claim for indemnification within a reasonable time not to exceed five three years after any judgment, order, settlement, dismissal, arbitration award, conviction, acceptance of a plea of nolo contendere or its equivalent, final termination or other disposition or partial disposition of any Proceeding, whichever is the later date for which Director the Officer requests indemnification. The President, Secretary president or the secretary or other appropriate officer of the Company shall, promptly upon receipt of Directorthe Officer's request for indemnification, advise the Board of Officers in writing that Director the Officer has made such a request. Determination of Directorthe Officer's entitlement to indemnification shall be made not later than ninety (90) 90 days after Corporationthe Company's receipt of his or her written request for such indemnification. (b) The Director Officer shall be entitled to select the forum in which Directorthe Officer's request for indemnification will be heard, which selection shall be included in the written request for indemnification required in Section 5(a6(a). This If the Officer fails to make such designation, his claim shall be determined by the forum selected by the Company. The forum shall be any one of the following: (i) The stockholders of Corporation; (ii) A quorum of the Board of Officers consisting of Disinterested Directors;Officers; or (ii) Independent Legal Counsel, who shall make the determination in a written opinion.