Section 721. Nonexclusivity of statutory provisions for indemnification of directors and officers  


Latest version.
  • The indemnification and advancement of expenses granted  pursuant  to,
      or  provided by, this article shall not be deemed exclusive of any other
      rights to  which  a  director  or  officer  seeking  indemnification  or
      advancement  of  expenses  may  be  entitled,  whether  contained in the
      certificate of incorporation or the by-laws or, when authorized by  such
      certificate   of   incorporation   or   by-laws,  (i)  a  resolution  of
      shareholders, (ii) a resolution of  directors,  or  (iii)  an  agreement
      providing for such indemnification, provided that no indemnification may
      be  made  to  or  on  behalf of any director or officer if a judgment or
      other final adjudication adverse to the director or officer  establishes
      that  his  acts were committed in bad faith or were the result of active
      and deliberate dishonesty and were material to the cause  of  action  so
      adjudicated,  or that he personally gained in fact a financial profit or
      other advantage to which he was not legally entitled. Nothing  contained
      in  this  article  shall  affect  any rights to indemnification to which
      corporate personnel other than directors and officers may be entitled by
      contract or otherwise under law.