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This excerpt taken from the AKS 8-K filed Oct 22, 2008. Article
13. Indemnification. The Company shall indemnify
and hold harmless each member of the Committee, or of the Board, against and
from any loss, cost, liability or expense, including reasonable attorney’s fees
and costs of suit, that may be imposed upon or reasonably incurred by the member
in connection with or resulting from any claim, action, suit, or proceeding to
which the member may be a party defendant or in which the member may be involved
as a defendant by reason of any action taken or any failure to act under the
Plan and against and from any and all amounts paid in settlement thereof or paid
in satisfaction of any judgment in any such action, suit, or proceeding against
the member, provided that the member shall give the Company an opportunity, at
its own expense, to handle and defend the same before the member undertakes to
handle and defend it or agrees to any settlement of the claim. The
foregoing right of indemnification
shall be in addition to, and not exclusive of, any other rights of
indemnification to which the member may be entitled under the Company’s Articles
of Incorporation or By-Laws, as a matter of law, or otherwise. This
right shall not extend to any action by a Director as a claimant of rights under
the Plan, whether on the Director’s behalf or on behalf of a class of persons
which would include the Director, unless filed in the form of a declaratory
judgment seeking relief for the Company or the Plan.
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