if only us regular folks were so lucky to be impervious from our misdeeds.......executive crookery at its best!
"Under both forms of indemnification agreement, the Company agrees to indemnify and hold harmless all directors and executive officers of the Company against all claims, losses, liabilities, damages, judgments, fines and reasonable fees, costs and expenses, including attorneys' fees and disbursements, incurred in connection with any claim, action, suit, proceeding or investigation, whether civil, criminal, administrative or investigative, arising out of or pertaining to the fact that such person is or was a director or officer of the Company. Each such person will be entitled to advancement of expenses incurred in the defense of any such claim, action, suit, proceeding or investigation from the Company, jointly and severally, upon receipt by the Company from such person of a request for such advancement, provided that such person provides an undertaking, to the extent then required by the Delaware General Corporation Law or California law, as applicable, to repay such advances if it is ultimately determined that such person is not entitled to indemnification.
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