References to fines. Shall
include include, but are not limited to, any excise tax assessed with respect to any employee benefit plan; references to
"serving serving at the request of the
Company" Company shall include any service as a director, officer,
trustee, partner, managing member, fiduciary, employee or agent of the Company
or which imposes duties on, or involves services by, such director, officer,
trustee, partner, managing member, fiduciary, employee or agent with respect to an employee benefit plan, its
... participants or beneficiaries; and a person who acted in good faith and in a manner he reasonably believed to be in the best interests of the participants and beneficiaries of an employee benefit plan shall be deemed to have acted in a manner "not not opposed to the best interests of the Company" Company as such terms are referred to in this Agreement and used in the DGCL. Agreement.
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References to fines. Shall include any
(i) excise
tax taxes assessed with respect to any employee benefit
plan; plan and (ii) penalties; references to "serving at the request of the Company" shall include any service as a director, officer, trustee,
general partner, managing member, fiduciary, employee or agent
of the Company or which imposes duties on, or involves services by, such director, officer, trustee,
general partner, managing member, fiduciary, employee or agent with respect to an
employee benefit plan,... its participants or beneficiaries; Enterprise; and a person who acted acts in good faith and in a manner he reasonably believed to be in the best interests interest of the participants and beneficiaries of an employee benefit plan Enterprise shall be deemed to have acted in a manner "not opposed to the best interests of the Company" as such terms are referred to in this Agreement and used in the DGCL. Agreement.
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