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

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