Enom 2010 Annual Report Download - page 185

9.4 DETERMINATION; CLAIM.
If a claim for indemnification (following the final disposition of such Proceeding) or advancement of expenses under this
Article IX is not paid in full within thirty (30) days after a written claim therefor has been received by the Corporation the claimant
may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense
of prosecuting such claim to the fullest extent permitted by law. In any such action the Corporation shall have the burden of proving
that the claimant was not entitled to the requested indemnification or payment of expenses under applicable law.
9.5 INDEMNIFICATION CONTRACTS.
The Board is authorized to enter into a contract with any director, officer, employee or agent of the Corporation, or any
person serving at the request of the Corporation as a director, officer, employee or agent of another Corporation, partnership, joint
venture, trust or other enterprise, including employee benefit plans, providing for indemnification rights equivalent to or, if the Board
so determines, greater than, those provided for in this Article IX.
9.6 NON-EXCLUSIVITY OF RIGHTS.
The rights conferred on any person by this Article IX shall not be exclusive of any other rights which such person may have
or hereafter acquire under any statute, provision of the certificate of incorporation, these bylaws, agreement, vote of stockholders or
disinterested directors or otherwise.
9.7 INSURANCE.
The Corporation may purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or
agent of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee or agent of another
corporation, partnership, joint venture, trust, enterprise or non-profit entity against any liability asserted against him or her and
incurred by him or her in any such capacity, or arising out of his or her status as such, whether or not the Corporation would have the
power to indemnify him or her against such liability under the provisions of the DGCL.
9.8 OTHER INDEMNIFICATION.
The Corporation's obligation, if any, to indemnify or advance expenses to any person who was or is serving at its request as a
director, officer, employee or agent of another corporation, partnership, joint venture, trust, enterprise or non-profit entity shall be
reduced by any amount such person may collect as indemnification or advancement of expenses from such other corporation,
partnership, joint venture, trust, enterprise or non-profit enterprise.
9.9 CONTINUATION OF INDEMNIFICATION.
The rights to indemnification and to prepayment of expenses provided by, or granted pursuant to, this Article IX shall
continue notwithstanding that the person has ceased to be a director or officer of the Corporation and shall inure to the benefit of the
estate, heirs, executors, administrators, legatees and distributees of such person.
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