Common use of Burden of Proof Clause in Contracts

Burden of Proof. In any judicial proceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 102 contracts

Sources: Independent Director Agreement (ECST Holdings LTD), Independent Director Agreement (JuNeng Technology LTD), Independent Director Agreement (DarkIris Inc.)

Burden of Proof. In any judicial proceeding Proceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 6 contracts

Sources: Independent Director Agreement (EvoAir Holdings Inc.), Independent Director Agreement (EvoAir Holdings Inc.), Independent Director Agreement (EvoAir Holdings Inc.)

Burden of Proof. In any judicial proceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 5 contracts

Sources: Director Agreement (Geltology Inc), Director Agreement (Geltology Inc), Director Agreement (Geltology Inc)

Burden of Proof. In any judicial proceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 5 contracts

Sources: Independent Director Agreement (American Oriental Bioengineering Inc), Independent Director Agreement (American Oriental Bioengineering Inc), Independent Director Agreement (American Oriental Bioengineering Inc)

Burden of Proof. In any judicial proceeding brought under Section 12 11 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 3 contracts

Sources: Director Agreement (Keyuan Petrochemicals, Inc.), Director Agreement (Keyuan Petrochemicals, Inc.), Director Agreement (Keyuan Petrochemicals, Inc.)

Burden of Proof. In any judicial proceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.. 5

Appears in 2 contracts

Sources: Independent Director Agreement, Independent Director Agreement

Burden of Proof. In any judicial proceeding judicialProceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 1 contract

Sources: Independent Director Agreement (Agape ATP Corp)

Burden of Proof. In any judicial proceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable oflndemnifiable Amounts hereunder.

Appears in 1 contract

Sources: Independent Director Agreement (Phoenix Motor Inc.)

Burden of Proof. In any judicial proceeding judicialProceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts AInts hereunder.

Appears in 1 contract

Sources: Independent Director Agreement (Agape ATP Corp)

Burden of Proof. In any judicial proceeding brought under Section 12 (a12(a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 1 contract

Sources: Independent Director Agreement (Lihua International Inc.)

Burden of Proof. In any judicial proceeding brought under Section 12 (a11(a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 1 contract

Sources: Director Agreement (FAB Universal Corp.)