person to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the company as authorized in this article.
The indemnification provided for by this article shall not be deemed exclusive of any other right to which a person seeking indemnification or advancement of expenses may be entitled under the laws of the Netherlands as from time to time amended or under any by-laws, agreement, resolution of the general meeting or of the members of the Board of Directors who are not an interested party in this matter or otherwise, both as to actions in his official capacity and as to actions in another capacity while holding such position, and shall continue as to a person who has ceased to be a member of the Board of Directors, but was a member of the Board of Directors at any time after the execution of this deed of amendment and shall also inure to the benefit of the heirs, executors and administrators of the estate of such person.
The company may purchase and maintain insurance on behalf of any indemnified person, whether or not the company would have the power to indemnify him against such liability under the provisions of this article.
No amendment or repeal of this article shall adversely affect any right to protection of any person entitled to indemnification or advancement of expenses under this article prior to such amendment or repeal.
By the amendment or repeal of this article an amendment can be made in the protection of any persons that have been (re-)appointed as member of the Board of Directors after the amendment or repeal of this article.
Financial year, annual accounts, annual report
The company's financial year shall begin on the first day of July and end on the thirtieth day of June of the following year.
The Board of Directors shall prepare the annual accounts within the period prescribed by law.
The annual accounts shall be signed by all members of the Board of Directors.
If the signature of one or more of them is lacking, this fact and the reason therefore shall be indicated.
The Board of Directors shall also, within the period mentioned above, prepare an annual report.
The general meeting shall instruct a registered accountant or a firm of registered accountants, as defined in article 2:393 paragraph 1 Dutch Civil Code, to audit the annual accounts and the annual report by the Board of Directors, to report thereon, and to issue an auditor's certificate with respect thereto.
If the general meeting fails to issue such instructions, the Board of Directors shall be authorized to do so.