Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome that presumption.
Appears in 30 contracts
Sources: Employment Agreement (Vitacost.com, Inc.), Employment Agreement (Vitacost.com, Inc.), Indemnification Agreement (Dividend Capital Total Realty Trust Inc.)
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome of overcoming that presumption.
Appears in 20 contracts
Sources: Indemnification Agreement (CNL Strategic Residential Credit, Inc.), Indemnification Agreement (Woodbridge Liquidation Trust), Indemnification Agreement (Woodbridge Liquidation Trust)
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 20 contracts
Sources: Employment Agreement (Nac Global Technologies, Inc.), Indemnity Agreement (Young Innovations Inc), Indemnification Agreement (xG TECHNOLOGY, INC.)
Burden of Proof. In making a determination with respect to entitlement to indemnification Indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 7(a), and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 10 contracts
Sources: Indemnification Agreement (Sucampo Pharmaceuticals, Inc.), Indemnification Agreement (Sucampo Pharmaceuticals, Inc.), Indemnification Agreement (Sucampo Pharmaceuticals, Inc.)
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 6.1 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 7 contracts
Sources: Indemnification Agreement (Industrial Property Trust), Indemnification Agreement (Industrial Logistics Realty Trust Inc.), Indemnification Agreement (Logistics Property Trust Inc.)
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 6.1 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 5 contracts
Sources: Indemnification Agreement (Southwest Casino Corp), Indemnification Agreement (Southwest Casino Corp), Indemnification Agreement (Southwest Casino Corp)
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall will presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 6(a) of this Agreement, and the Company shall will have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 5 contracts
Sources: Indemnification Agreement (Troy Group Inc), Indemnification Agreement (Rdo Equipment Co), Indemnification Agreement (Tricord Systems Inc /De/)
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 4 contracts
Sources: Indemnification Agreement, Indemnification Agreement (SNAP-ON Inc), Indemnification Agreement (SNAP-ON Inc)
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 4 contracts
Sources: Indemnification Agreement (Peaches Entertainment Corp), Indemnification Agreement (Peaches Entertainment Corp), Indemnification Agreement (Urt Industries Inc)
Burden of Proof. In making a determination with respect to entitlement the Indemnitee's right to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 3 contracts
Sources: Employment Agreement (Ormat Technologies, Inc.), Indemnification Agreement (Ormat Technologies, Inc.), Indemnification Agreement (Ormat Technologies, Inc.)
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, entity Person or entities Persons making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome of overcoming that presumption.
Appears in 3 contracts
Sources: Indemnification Agreement, Indemnification Agreement (Nexxus Lighting, Inc.), Indemnification Agreement (Nexxus Lighting, Inc.)
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Agreement. The Company shall have the burden of proof to overcome that presumptionpresumption by a preponderance of the evidence.
Appears in 2 contracts
Sources: Indemnification Agreement (Photogen Technologies Inc), Indemnification Agreement (Photogen Technologies Inc)
Burden of Proof. In making a determination with respect to entitlement to indemnification Indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 6(a), and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 2 contracts
Sources: Indemnification Agreement (EnteroMedics Inc), Indemnification Agreement (Restore Medical, Inc.)
Burden of Proof. In making a determination with respect to --------------- entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome that presumption.
Appears in 2 contracts
Sources: Indemnification Agreement (Primal Solutions Inc), Indemnification Agreement (Primal Solutions Inc)
Burden of Proof. In making a determination with respect to entitlement to indemnification Indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 4(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 2 contracts
Sources: Indemnification Agreement (Direct General Corp), Director Indemnification Agreement (Direct General Corp)
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall will presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 6(a) of this Agreement, and the Company shall will have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.. (b)
Appears in 1 contract
Burden of Proof. In making a determination with respect to entitlement to indemnification Indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 6.1, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 1 contract
Burden of Proof. In making a determination with respect to entitlement to indemnification Indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 4(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.. (b)
Appears in 1 contract
Sources: Director Indemnification Agreement
Burden of Proof. In making a determination with --------------- respect to entitlement to of indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 4.01 hereof, and the Company LTC Properties shall have the burden of proof to overcome that presumption in connection with the making of any person, persons or entity of any determination contrary to that presumption.
Appears in 1 contract
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 6.1, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 1 contract
Sources: Indemnification Agreement (Ferrellgas Partners L P)
Burden of Proof. In making a determination with respect to entitlement to --------------- indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome overturn that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 1 contract
Sources: Indemnification Agreement (Colonial Commercial Corp)
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome overturn that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 1 contract
Burden of Proof. In making a the determination with respect to entitlement to indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 6.1, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 1 contract
Sources: Indemnification Agreement (Ferrellgas Partners Finance Corp)
Burden of Proof. In making a determination with respect to ---------------- entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome that presumption.
Appears in 1 contract
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company Agreement. Anyone seeking to overcome this presumption shall have the burden of proof to overcome that presumption.and the burden of persuasion by clear
Appears in 1 contract
Burden of Proof. In making a determination with respect to entitlement to of indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee Employee is entitled to indemnification under this Agreement if the Employee has submitted a request for indemnification in accordance with Section 13(a) of this Agreement, and the Company Corporation shall have the burden of proof to overcome that presumption in connection with the making of any person, persons or entity of any determination contrary to that presumption.
Appears in 1 contract
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the an Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 6.1 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 1 contract
Sources: Indemnification Agreement (Sheffield Pharmaceuticals Inc)
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section- 6.1 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 1 contract
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome that presumption.
Appears in 1 contract
Sources: Indemnification Agreement (Capital Growth Systems Inc /Fl/)
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 6.1 of this Agreement, and the Company Trust shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Sources: Indemnification Agreement (DC Industrial Liquidating Trust)
Burden of Proof. In making a determination with respect to --------------- entitlement to indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 6.01 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 1 contract
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 1 contract
Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with SECTION 5.1 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 1 contract
Burden of Proof. In making a determination with respect to --------------- entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 1 contract