This excerpt taken from the GRA 10-Q filed May 9, 2008.
Indemnification And Continuation To Defend
After the termination of your employment, the Company shall, to the extent permitted by applicable law, continue to indemnify you and hold you harmless from and against any and all losses and liabilities you may incur as a result of your prior performance of your duties as an officer or employee of the Company or any of its subsidiaries or affiliates. In addition, the Company shall continue to indemnify and hold you harmless against any and all losses and liabilities that you may incur, directly or indirectly, as a result of any third party claims brought against you (other than by any taxing authority) with respect to the Companys performance of (or failure to perform) any commitment made to you under this agreement. (The Company confirms that the indemnifications specified in this paragraph would include, to the extent permitted by applicable law, providing for your defense with respect to any and all losses or liabilities specified in this paragraph, consistent with, and in the same manner, the Company would provide defense to other defendants who are (or were) employed by, or are (or were) officers of, the Company.)
In addition, the Company will, of course, after the date you cease employment with the Company, continue to provide for your defense with respect to law suits involving Company matters that are initiated before that date. Specifically, with respect to Keri Evans v. John F. Akers, et al., Siamis, et al. v. Akers, et al. and Lawrence W. Bunch, et al. v. W. R. Grace & Co., et al., the so-called 401(k) cases, the Company will continue to provide for your defense consistent with, and in the same manner, it provides defense to the other named individual defendants who are (or were) employed by the Company, as specified in the retention letters from Arent Fox previously delivered to you applicable those cases.