Extract to table

If Pinnacle shall at any time designate a person other than Marcus Trejo to serve as the Pinnacle Board Designee, the Company shall enter into an indemnification agreement with such successor designee that is substantially identical to this Agreement

This Agreement is intended as a supplement to, and in furtherance of, the indemnification provisions contained in the Company's Certificate of Incorporation and Bylaws and any resolutions heretofore or hereafter adopted by the Board, and shall not be deemed to limit or restrict any rights to indemnification arising thereunder; E

In consideration of Indemnitee's agreement to serve or to continue to serve as a director of the Company, which the Company acknowledges is good and valuable consideration, the Company agrees to indemnify and advance Expenses to Indemnitee on the terms and subject to the conditions set forth in this Agreement, and Indemnitee agrees to serve or to continue to serve as a director of the Company in reliance upon the Company's covenants and agreements set forth herein

As used in this Agreement, the following terms shall have the meanings set forth below: (a) "Affiliate" shall have the meaning ascribed to such term in Rule 12b-2 promulgated under the Securities Exchange Act of 1934, as amended

(b) "Board" shall mean the Board of Directors of the Company

The term "Claim" shall be used interchangeably with the term "Proceeding" throughout this Agreement