Indemnification for Additional Expenses. (a) The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven (7) business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or by-law of the Company now or hereafter in effect; or (ii) recovery under any directors' and officers' liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be. (b) Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he shall be indemnified against all Expenses actually and reasonably incurred by him or on his behalf in connection therewith.
Appears in 6 contracts
Sources: Indemnification Agreement (California Jockey Club), Indemnification Agreement (Grand Union Co /De/), Indemnification & Liability (Control Delivery Systems Inc/Ma)
Indemnification for Additional Expenses. (a) The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven (7) business days of such request) advance such Expenses to Indemnitee, which are reasonably incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or byBy-law Law of the Company now or hereafter in effect; , or (ii) recovery under any directors' and officers' liability insurance policies maintained by the Company, regardless of whether ; but only to the extent that Indemnitee prevails in such action and ultimately is determined to be entitled to such indemnification, advance expense payment of Expenses or insurance recovery, as the case may be. Indemnitee shall be entitled to advancement of such Expenses pursuant to and in accordance with the provisions of Section 7 hereof.
(b) Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he shall be indemnified against all Expenses actually and reasonably incurred by him or on his behalf in connection therewith.
Appears in 4 contracts
Sources: Investment Agreement (Datawatch Corp), Indemnification Agreement (Datawatch Corp), Indemnification Agreement (Datawatch Corp)
Indemnification for Additional Expenses. (a) The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven twenty (720) business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or by-law bylaw of the Company now or hereafter in effect; or (ii) recovery under any directors' and officers' liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be.
(b) Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he shall be indemnified against all Expenses actually and reasonably incurred by him or on his behalf in connection therewith.
Appears in 3 contracts
Sources: Indemnification Agreement (At Home Corp), Indemnification Agreement (At Home Corp), Indemnification Agreement (At Home Corp)
Indemnification for Additional Expenses. (a) a. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven (7) business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or by-law of the Company now or hereafter in effect; or (ii) recovery under any directors' ’ and officers' ’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be.
(b) b. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Indemnitee’s Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by him Indemnitee or on his behalf of Indemnitee in connection therewith.
Appears in 3 contracts
Sources: Indemnification Agreement (Combinatorx, Inc), Indemnification Agreement (Combinatorx, Inc), Indemnification Agreement (Dominos Pizza Inc)
Indemnification for Additional Expenses. (a) a. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven (7) business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or by-law of the Company now or hereafter in effect; or (ii) recovery under any directors' ’ and officers' ’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be.
(b) b. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he shall be indemnified against all Expenses actually and reasonably incurred by him or on his behalf in connection therewith.
Appears in 2 contracts
Sources: Indemnification Agreement (Entegris Inc), Indemnification Agreement (Entegris Inc)
Indemnification for Additional Expenses. (a) The Company shall indemnify indemnify, without duplication, Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven (7) business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement agreement, the Charter or bythe By-law of the Company Laws now or hereafter in effect; or (ii) recovery under any directors' ’ and officers' ’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be.
(b) Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his or her Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he or she shall be indemnified against all Expenses actually and reasonably incurred by him or her or on his or her behalf in connection therewith.
Appears in 2 contracts
Sources: Indemnification Agreement (Great Atlantic & Pacific Tea Co Inc), Indemnification Agreement (Great Atlantic & Pacific Tea Co Inc)
Indemnification for Additional Expenses. (a) a. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven (7) business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or by-law of the Company now or hereafter in effect; or (ii) recovery under any directors' and officers' liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be.
(b) b. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he shall be indemnified against all Expenses actually and reasonably incurred by him or on his behalf in connection therewith.
Appears in 2 contracts
Sources: Indemnification Agreement (Mykrolis Corp), Indemnification Agreement (Charles River Laboratories International Inc)
Indemnification for Additional Expenses. (a) The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven (7) business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or byBy-law of the Company now or hereafter in effect; effect or (ii) recovery under any directors' and officers' liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be.
(b) Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he shall be indemnified against all Expenses actually and reasonably incurred by him or on his behalf in connection therewith.
Appears in 2 contracts
Sources: Indemnification Agreement (Avatex Corp), Indemnification Agreement (Avatex Corp)
Indemnification for Additional Expenses. (a) The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven (7) business days of such request) advance such Expenses to Indemnitee, which are reasonably incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or byBy-law Law of the Company now or hereafter in effect; , or (ii) recovery under any directors' and officers' liability insurance policies maintained by the Company, regardless of whether ; but only to the extent that Indemnitee prevails in such action and ultimately is determined to be entitled to such indemnification, advance expense payment of Expenses or insurance recovery, as the case may be. Indemnitee shall be entitled to advancement of such Expenses pursuant to and in accordance with the provisions of Section 8 hereof.
(b) Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he shall be indemnified against all Expenses actually and reasonably incurred by him or on his behalf in connection therewith.
Appears in 1 contract
Sources: Indemnification Agreement (Hain Celestial Group Inc)
Indemnification for Additional Expenses. (a) a. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven thirty (730) business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or by-law of the Company now or hereafter in effect; or (ii) recovery under any directors' ’ and officers' ’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be.
(b) b. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Indemnitee’s Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he the Company shall be indemnified against indemnify Indemnitee against, and the Company shall advance, all Expenses actually and reasonably incurred by him Indemnitee or on his behalf of Indemnitee in connection therewith.
Appears in 1 contract
Sources: Indemnification Agreement (Salient Surgical Technologies, Inc.)
Indemnification for Additional Expenses. (a) 1. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven (7) business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or by-law of the Company now or hereafter in effect; or (ii) recovery under any directors' and officers' liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be.
(b) 2. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he shall be indemnified against all Expenses actually and reasonably incurred by him or on his behalf in connection therewith.
Appears in 1 contract
Sources: Indemnification Agreement (Manufacturers Services LTD)
Indemnification for Additional Expenses. (a) a. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven (7) business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or by-law of the Company now or hereafter in effect; or (ii) recovery under any directors' and officers' liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be.
(b) b. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Indemnitee's Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by him Indemnitee or on his behalf of Indemnitee in connection therewith.
Appears in 1 contract
Indemnification for Additional Expenses. (a) The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven (7) business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or by-law of the Company now or hereafter in effect; or (ii) recovery under any directors' ’ and officers' ’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be.
(b) Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he shall be indemnified against all Expenses actually and reasonably incurred by him or on his behalf in connection therewith.
Appears in 1 contract
Indemnification for Additional Expenses. (a) a. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven five (75) business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or by-law of the Company now or hereafter in effect; or (ii) recovery under any directors' and officers' liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be.
(b) b. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Indemnitee's Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by him Indemnitee or on his behalf of Indemnitee in connection therewith.
Appears in 1 contract
Sources: Indemnification Agreement (Sirtris Pharmaceuticals, Inc.)
Indemnification for Additional Expenses. (a) The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven (7) business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or byBy-law Law of the Company now or hereafter in effect; or (ii) recovery under any directors' and officers' liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be.
(b) Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he shall be indemnified against all Expenses actually and reasonably incurred by him or on his behalf in connection therewith.
Appears in 1 contract
Sources: Indemnification Agreement (Lexmark International Inc /Ky/)
Indemnification for Additional Expenses. (a) a. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall (within seven five (75) business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or by-law of the Company now or hereafter in effect; or (ii) recovery under any directors' ’ and officers' ’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be.
(b) b. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is, by reason of his Indemnitee’s Corporate Status, a witness in any Proceeding to which Indemnitee is not a party, he Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by him Indemnitee or on his behalf of Indemnitee in connection therewith.
Appears in 1 contract
Sources: Indemnification Agreement (Concert Pharmaceuticals, Inc.)