Common use of Application for Enforcement Clause in Contracts

Application for Enforcement. In the event the Company fails to make timely payments as set forth in Section 6 or Section 7(b) above, Indemnitee shall have the right to apply to any court of competent jurisdiction for the purpose of enforcing Indemnitee’s right to indemnification or advancement of expenses pursuant to this Agreement. In such an enforcement hearing or proceeding, the burden of proof shall be on the Company to prove that indemnification or advancement of expenses to Indemnitee is not required under this Agreement or the Company’s Certificate of Incorporation or Bylaws or permitted by applicable law. Any determination by the Company (including the Board, stockholders or independent counsel) that Indemnitee is not entitled to indemnification hereunder, shall not be a defense by the Company to the action nor create any presumption that Indemnitee is not entitled to indemnification or advancement of expenses hereunder.

Application for Enforcement. In the event If the Company fails to make timely payments as set forth in Section Sections 6 or Section 7(b) above, Indemnitee shall have the right to apply to any court of competent jurisdiction for the purpose of enforcing Indemnitee’s right to indemnification or advancement of expenses pursuant to this Agreement. In such an enforcement hearing or proceeding, the burden of proof shall be on the Company to prove that indemnification or advancement of expenses to Indemnitee is not required under this Agreement or the Company’s Certificate of Incorporation or Bylaws or permitted by applicable law. Such burden of proof shall be the burden of persuasion by clear and convincing evidence. Any determination by the Company (including the Boardits Board of Directors, stockholders or independent counsel) that Indemnitee is not entitled to indemnification hereunder, shall not be a defense by the Company to the action nor create any presumption that Indemnitee is not entitled to indemnification or advancement of expenses hereunder.

Application for Enforcement. In the event the Company fails to make timely payments as set forth in Section 6 or Section 7(b) above, Indemnitee shall have the right to apply to any court of competent jurisdiction for the purpose of enforcing Indemnitee’s right to indemnification or advancement of expenses pursuant to this Agreement. In such an enforcement hearing or proceeding, the burden of proof shall be on the Company to prove that indemnification or advancement of expenses to Indemnitee is not required under this Agreement or the Company’s Certificate of Incorporation or Bylaws or permitted by applicable law. Any determination by the Company (including the Board of Directors of the Company (the “Board”), stockholders or independent counsel) that Indemnitee is not entitled to indemnification hereunder, shall not be a defense by the Company to the action nor create any presumption that Indemnitee is not entitled to indemnification or advancement of expenses hereunder.

Application for Enforcement. In the event the Company fails to make timely payments as set forth in Section Sections 6 or Section 7(b) above, Indemnitee shall have the right to apply to any court of competent jurisdiction for the purpose of enforcing Indemnitee’s right to indemnification or advancement of expenses Expenses pursuant to this Agreement. In such an enforcement hearing or proceeding, the burden of proof shall be on the Company to prove that indemnification or advancement of expenses Expenses to Indemnitee is not required under this Agreement or the Company’s Certificate of Incorporation or Bylaws or permitted by applicable law. Any determination by the Company (including its Board of Directors or a committee thereof), Independent Counsel or the Boardstockholders of the Company, stockholders or independent counsel) as applicable, that Indemnitee is not entitled to indemnification hereunder, shall not be a defense by the Company to the action nor create any presumption that Indemnitee is not entitled to indemnification or advancement of expenses Expenses hereunder.