On appellant’s motion for reconsideration of our opinion, 82 Or App 375, 728 P2d 97 (1986), we amend footnote 1, 82 Or App at 377, to read:

“We express no opinion with respect to plaintiffs contention that he is also entitled to indemnification for expenses incurred in the prosecution of this action.”

Motion for reconsideration allowed; former opinion modified and adhered to as modified.