Burden of Proof and Presumptions. It shall be a defense to any action brought by Indemnitee against the Company to enforce this Agreement that it is not permissible under this Agreement or applicable law for the Company to indemnify the Indemnitee for the amount claimed. In connection with any such action or any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified under this Agreement, the burden of proving such a defense or determination shall be on the Company.
Appears in 6 contracts
Sources: Indemnification Agreement (RIKU DINING GROUP LTD), Indemnification Agreement (Barentsz Capital LTD), Indemnification Agreement (Platinum Analytics Cayman LTD)