Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 13 contracts
Sources: Indemnification Agreement (Dealertrack Technologies, Inc), Indemnification Agreement (ADS Tactical, Inc.), Employment Agreement (Rambus Inc)
Excluded Action or Omissions. To The Company will not indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(asubsection (a) regarding the Company’s obligation to provide indemnification, Indemnitee shall will be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall will have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 10 contracts
Sources: Indemnification Agreement (Snowflake Inc.), Indemnification Agreement (Aqua Metals, Inc.), Indemnification Agreement (New Relic Inc)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; providedPROVIDED, howeverHOWEVER, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 9 contracts
Sources: Indemnification Agreement (Integrated Telecom Express Inc/ Ca), Indemnification Agreement (Travelscape Com Inc), Indemnification Agreement (Circon Corp)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses ---------------------------- resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; , provided, however, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 6 contracts
Sources: Indemnification Agreement (Emachines Inc /De/), Indemnification Agreement (Emachines Inc /De/), Indemnification Agreement (Emachines Inc /De/)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 5 contracts
Sources: Indemnification Agreement (Accuray Inc), Indemnification Agreement (Entex Information Services Inc), Indemnification Agreement (Dayton Superior Corp)
Excluded Action or Omissions. To indemnify Indemnitee for ---------------------------- Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this -------- ------- Section 10(a10
(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 4 contracts
Sources: Indemnification Agreement (Tut Systems Inc), Indemnification Agreement (Digital Insight Corp), Indemnification Agreement (Carsdirect Com Inc)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s obligation to provide indemnification, Indemnitee shall be entitled under Section 3 hereof to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 3 contracts
Sources: Indemnification Agreement (Aruba Networks, Inc.), Indemnification Agreement (Aruba Networks, Inc.), Indemnification Agreement (Digital Video Systems Inc)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(a11(a) regarding the Company’s obligation to provide indemnification, Indemnitee shall be entitled under Section 3 2(b) to receive Expense Advances hereunder with respect to any such Claim unless and until the Reviewing Party determines (or, if applicable, a court having of competent jurisdiction over the Claim shall have made makes a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 3 contracts
Sources: Indemnification Agreement (Goodman Networks Inc), Indemnification Agreement (Viewcast Com Inc), Indemnification Agreement (Matador Resources Co)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable lawApplicable Law; provided, however, that notwithstanding any limitation set forth in this Section 10(a8(a) regarding the Company’s obligation to provide indemnification, Indemnitee shall be entitled under Section 3 2 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.Applicable Law;
Appears in 3 contracts
Sources: Indemnification Agreement (Moxian (BVI) Inc), Indemnification Agreement (China Advanced Construction Materials Group, Inc./Cayman), Indemnification Agreement (Utstarcom Holdings Corp)
Excluded Action or Omissions. To indemnify Indemnitee for ---------------------------- Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; , provided, however, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 3 contracts
Sources: Indemnification Agreement (Software Com Inc), Confidential Settlement Agreement (Emachines Inc /De/), Indemnification Agreement (Emachines Inc /De/)
Excluded Action or Omissions. To indemnify Indemnitee for ---------------------------- Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to to-any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Hollis Eden Pharmaceuticals Inc /De/), Indemnification Agreement (Hollis Eden Pharmaceuticals Inc /De/)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for from which Indemnitee is prohibited from receiving indemnification may not be relieved of liability under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(a8(a) regarding the Company’s 's obligation to provide indemnificationindemnification and subject to Section 1(b), Indemnitee shall be entitled under Section 3 2 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Eddie Bauer Holdings, Inc.), Indemnification Agreement (Eddie Bauer Holdings, Inc.)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(a) regarding the CompanyCorporation’s obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Reliability Inc), Indemnification Agreement (Drone Aviation Holding Corp.)
Excluded Action or Omissions. To The Company will not indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(asubsection (a) regarding the Company’s obligation to provide indemnification, Indemnitee shall will be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall Delaware Court will have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee ▇▇▇▇▇▇▇▇▇▇ has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Cortigent, Inc.), Indemnification Agreement (Cortigent, Inc.)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(a11(a) regarding the Company’s obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Collegium Pharmaceutical, Inc), Indemnification Agreement (Collegium Pharmaceutical Inc)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses ----------------------------- resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Tut Systems Inc), Indemnification Agreement (Tut Systems Inc)
Excluded Action or Omissions. To indemnify Indemnitee for ---------------------------- Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Andromedia Inc), Indemnification Agreement (Medicode Inc)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable lawApplicable Law; provided, however, that notwithstanding any limitation set forth in this Section 10(a8(a) regarding the Company’s obligation to provide indemnification, Indemnitee shall be entitled under Section 3 2 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee ▇▇▇▇▇▇▇▇▇▇ has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.Applicable Law;
Appears in 2 contracts
Sources: Indemnification Agreement (Green Giant Enterprise Inc.), Indemnification Agreement (NFT LTD)
Excluded Action or Omissions. To indemnify the Indemnitee for Expenses resulting from such Indemnitee's acts, omissions or transactions for from which the Indemnitee is prohibited from receiving indemnification under this Agreement or under applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(a8(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 2(a) to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that the Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.;
Appears in 1 contract
Sources: Indemnification Agreement (Entertainment Is Us, Inc.)
Excluded Action or Omissions. To indemnify Indemnitee for ---------------------------- Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; providedPROVIDED, howeverHOWEVER, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 1 contract
Excluded Action or Omissions. To The Company will not indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(asubsection (a) regarding the Company’s obligation to provide indemnification, Indemnitee shall will be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have has made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 1 contract
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; , provided, however, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (Resourcephoenix Com Inc)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; , provided, however, that notwithstanding any limitation set forth in this Section 10(a12(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 2(b) to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 1 contract
Excluded Action or Omissions. To The Company will not indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(asubsection (a) regarding the Company’s obligation to provide indemnification, Indemnitee shall will be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having of competent jurisdiction over the Claim shall will have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee I▇▇▇▇▇▇▇▇▇ has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 1 contract
Sources: Indemnification & Liability (Vitro Biopharma, Inc.)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable lawLaw; provided, however, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable lawLaw.
Appears in 1 contract
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable lawApplicable Law; provided, however, that notwithstanding any limitation set forth in this Section 10(a8(a) regarding the Company’s obligation to provide indemnification, Indemnitee shall be entitled under Section 3 2 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable lawApplicable Law.
Appears in 1 contract
Sources: Indemnification Agreement (Gordon Biersch Brewery Restaurant Group, Inc.)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification Expense Advances under this Agreement or applicable law.
Appears in 1 contract
Excluded Action or Omissions. To The Company will not indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(asubsection (a) regarding the Company’s obligation to provide indemnification, Indemnitee shall will be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall Delaware Court will have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee I▇▇▇▇▇▇▇▇▇ has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 1 contract
Excluded Action or Omissions. To indemnify the Indemnitee for Expenses resulting from ---------------------------- such Indemnitee's acts, omissions or transactions for from which the Indemnitee is prohibited from receiving indemnification under this Agreement or under applicable law; provided, however, that notwithstanding any limitation set forth -------- ------- in this Section 10(asection 8(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 section 2(a) to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that the Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.;
Appears in 1 contract
Excluded Action or Omissions. To indemnify Indemnitee for ---------------------------- Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding -------- ------- any limitation set forth in this Section 10(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 1 contract
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, howeverPROVIDED, HOWEVER, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (International Network Services)
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, provided however, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 1 contract
Excluded Action or Omissions. To indemnify Indemnitee for Expenses resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this Section 10(a) regarding the Company’s obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee ▇▇▇▇▇▇▇▇▇▇ has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 1 contract
Excluded Action or Omissions. To indemnify Indemnitee for Expenses ---------------------------- resulting from acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law; provided, however, that notwithstanding any limitation set forth in this -------- ------- Section 10(a10
(a) regarding the Company’s 's obligation to provide indemnification, Indemnitee shall be entitled under Section 3 to receive Expense Advances hereunder with respect to any such Claim unless and until a court having jurisdiction over the Claim shall have made a final judicial determination (as to which all rights of appeal therefrom have been exhausted or lapsed) that Indemnitee has engaged in acts, omissions or transactions for which Indemnitee is prohibited from receiving indemnification under this Agreement or applicable law.
Appears in 1 contract