Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 129 contracts
Sources: Indemnification Agreement (Harvard Bioscience Inc), Indemnification Agreement (NeuroMetrix, Inc.), Indemnification Agreement (Rogers Corp)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 41 contracts
Sources: Employment Agreement (Adial Pharmaceuticals, Inc.), Employment Agreement (Adial Pharmaceuticals, Inc.), Employment Agreement (Adial Pharmaceuticals, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a12(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 27 contracts
Sources: Indemnification Agreement (Maguire Properties Inc), Indemnification Agreement (Invitrogen Corp), Indemnification Agreement (Maguire Properties Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above11(a), the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 18 contracts
Sources: Indemnification Agreement (CCS IX Portfolio Holdings, LLC), Indemnification Agreement (CCS IX Portfolio Holdings, LLC), Indemnification Agreement (CCS IX Portfolio Holdings, LLC)
Burden of Proof. In any judicial proceeding brought under Section 10(a13(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 12 contracts
Sources: Personal Indemnification Agreement (Majesco Entertainment Co), Indemnification Agreement (PROS Holdings, Inc.), Indemnification Agreement (Eagle Test Systems, Inc.)
Burden of Proof. In any judicial proceeding brought under Section --------------- 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 9 contracts
Sources: Director Indemnification Agreement (C Quential Inc), Indemnification Agreement (Albany Molecular Research Inc), Executive Employment Agreement (Wyndham International Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company shall have the burden of proving by clear and convincing evidence that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 9 contracts
Sources: Indemnification Agreement (Circor International Inc), Indemnification Agreement (Circor International Inc), Indemnification Agreement (Circor International Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company Companies shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 8 contracts
Sources: Indemnification Agreement (Ansys Inc), Indemnification Agreement (Ansys Inc), Indemnification Agreement (Ansys Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that the Indemnitee is not entitled to payment of the Indemnifiable Amounts hereunder.
Appears in 6 contracts
Sources: Indemnification Agreement (Sionix Corp), Indemnification Agreement (Us Global Nanospace Inc), Director and Officer Indemnification Agreement (Us Global Nanospace Inc)
Burden of Proof. In any judicial proceeding brought under --------------- Section 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 6 contracts
Sources: Director Indemnification Agreement (Ipg Photonics Corp), Indemnification Agreement (Nxtrend Technology Inc), Indemnification Agreement (Voyager Net Inc)
Burden of Proof. In any judicial proceeding Proceeding brought under Section 10(a9(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 6 contracts
Sources: Indemnification Agreement (Mid-America Apartments, L.P.), Indemnification Agreement (Thomas & Betts Corp), Indemnification Agreement (Thomas & Betts Corp)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.. β
Appears in 6 contracts
Sources: Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a9(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (Trustwave Holdings, Inc.), Indemnification Agreement (Trustwave Holdings, Inc.), Indemnification Agreement (Trustwave Holdings, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a13(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment indemnification of Indemnifiable Amounts Liabilities or Indemnifiable Expenses, as applicable, hereunder.
Appears in 3 contracts
Sources: Indemnification Agreement (Century Communities, Inc.), Indemnification Agreement (Century Communities, Inc.), Indemnification Agreement (Century Communities, Inc.)
Burden of Proof. In any judicial action, suit or other proceeding brought under Section 10(a11(a) aboveabove to obtain payment by the Company of any Indemnifiable Amounts, the Company shall have the burden of proving that Indemnitee is not entitled to such payment of Indemnifiable Amounts hereunder.
Appears in 3 contracts
Sources: Indemnification Agreement (Pacira BioSciences, Inc.), Indemnification Agreement (Pacira Pharmaceuticals, Inc.), Indemnification Agreement (Ikaria, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts or Expenses, as applicable, hereunder.
Appears in 3 contracts
Sources: Director and Officer Indemnification Agreement (FGX International Holdings LTD), Director and Officer Indemnification Agreement (Liberty Acquisition Holdings Corp.), Director and Officer Indemnification Agreement (FGX International Holdings LTD)
Burden of Proof. In any judicial proceeding brought under Section 10(a9(a) above, the Company shall have the burden of proving proof and burden of persuasion, by clear and convincing evidence, that Indemnitee is not entitled to payment of Indemnifiable Amounts or the advancement of Indemnifiable Expenses hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (SJW Corp), Indemnification Agreement (SJW Corp)
Burden of Proof. In any judicial proceeding brought under Section 10(a) 10.1 above, the Company shall have the burden of proving that the Indemnitee is not entitled to advancement or payment of Indemnifiable Amounts hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (China Digital TV Holding Co., Ltd.), Indemnification Agreement (China Digital TV Holding Co., Ltd.)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above10A, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (Qorvo, Inc.), Indemnification Agreement (M/a-Com Technology Solutions Holdings, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company Corporation shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (LogMeIn, Inc.), Indemnification Agreement (LogMeIn, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above11(a), the Company shall have the burden of proving by clear and convincing evidence that Indemnitee is not entitled to payment or advancement of Indemnifiable Amounts hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (Corporate Capital Trust, Inc.), Indemnification Agreement (Corporate Capital Trust, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company Companies shall have the burden of proving that Indemnitee is not entitled to payment of any Indemnifiable Amounts and/or advancement of Expenses hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (Blackboard Inc), Indemnification Agreement (Blackboard Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a) 10.1 above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding or arbitration brought under Section 10(a) above14(a), the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Sources: Director Indemnification Agreement (BJ Services, Inc.)
Burden of Proof. In any judicial proceeding brought under this Section 10(a) above10, the Company shall have the burden of proving by clear and convincing evidence that Indemnitee Indemnitees is not entitled to payment of Indemnifiable Amounts Losses and Expenses hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Markwest Hydrocarbon Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above11(a), the Company shall have the burden of proving that Indemnitee is not entitled to payment indemnification of Indemnifiable Amounts or advancement of Expenses, as applicable, hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under Section 10(a) above6.1, the Company shall have the burden of proving that Indemnitee is not entitled to payment Expense Advancements and/or payments of Indemnifiable Amounts hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (MagnaChip Semiconductor LTD (United Kingdom))
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts or advancement of Expenses hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Wabash National Corp /De)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under Section 10(a) 10A above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Sources: Director and Officer Indemnification Agreement (Ubiquiti Networks, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment indemnification of Indemnifiable Amounts or Expenses, as applicable, hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (American Defense Systems Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a12((a)) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts Expenses hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts (or in the case of Section 8 or 9, other Expenses and Liabilities) hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Boston Properties LTD Partnership)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment indemnification of Indemnifiable Amounts or advancement of Expenses, as applicable, hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Platform Specialty Products Corp)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above9(a), the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company Corporation shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Proteostasis Therapeutics, Inc.)
Burden of Proof. In any judicial proceeding action, suit or other Proceeding brought under Section 10(a11(a) aboveabove to obtain payment by the Company of any Indemnifiable Amounts, the Company shall have the burden of proving that Indemnitee is not entitled to such payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Bellerophon Therapeutics LLC)
Burden of Proof. In any judicial action, suit or other proceeding brought under Section 10(a9(a) aboveabove to obtain payment by the Company of any Indemnifiable Amounts, the Company shall have the burden of proving that Indemnitee is not entitled to such payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under this Section 10(a) above10, the Company shall have the burden of proving by clear and convincing evidence that Indemnitee is not entitled to payment of Indemnifiable Amounts Losses and Expenses hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under this Section 10(a) above10, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts Losses and Expenses hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (optionsXpress Holdings, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a10((a)) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment indemnification of Indemnifiable Amounts Liabilities or Indemnifiable Expenses, as applicable, hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Century Communities, Inc.)