Common use of Mutual Acknowledgement Clause in Contracts

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 62 contracts

Sources: Indemnification Agreement (Dyadic International Inc), Indemnification Agreement (Dyadic International Inc), Indemnification Agreement (CNS Response, Inc.)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 57 contracts

Sources: Indemnification Agreement (Netgear, Inc.), Indemnification Agreement (Hawaiian Holdings Inc), Indemnification Agreement (Texas Roadhouse, Inc.)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 41 contracts

Sources: Indemnification Agreement (Marizyme Inc), Indemnification Agreement (Neuralstem, Inc.), Indemnification Agreement (Inspyr Therapeutics, Inc.)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 39 contracts

Sources: Indemnification Agreement (Monolithic Power Systems Inc), Indemnification Agreement (Bakkt Holdings, Inc.), Indemnification Agreement (Monolithic Power Systems Inc)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge that in certain instances, Federal applicable law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 39 contracts

Sources: Board of Directors Agreement (Collab Z Inc.), Board of Directors Agreement (Collab Z Inc.), Board of Directors Agreement (Entero Therapeutics, Inc.)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 35 contracts

Sources: Indemnification Agreement (Genvor Inc), Indemnification Agreement (Genvor Inc), Indemnification Agreement (Genvor Inc)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s rights under public policy to indemnify Indemnitee.

Appears in 23 contracts

Sources: Indemnification Agreement (Cheniere Energy Partners, L.P.), Indemnification Agreement (Cheniere Energy, Inc.), Indemnification Agreement (Cheniere Energy, Inc.)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 21 contracts

Sources: Indemnification Agreement (McClatchy Co), Indemnification Agreement (Healthetech Inc), Indemnification Agreement (Tripos Inc)

Mutual Acknowledgement. Both the Company Corporation and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or Corporation may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the CompanyCorporation's right under public policy to indemnify Indemnitee.

Appears in 15 contracts

Sources: Indemnification & Liability (Along Mobile Technologies Inc), Indemnification & Liability (Along Mobile Technologies Inc), Indemnification Agreement (Along Mobile Technologies Inc)

Mutual Acknowledgement. Both the The Company and each Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 13 contracts

Sources: Board of Directors Agreement (Apollo Medical Holdings, Inc.), Board of Directors Agreement (Apollo Medical Holdings, Inc.), Board of Directors Agreement (Apollo Medical Holdings, Inc.)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, instances Federal law or applicable public policy may prohibit the Company from indemnifying its directors directors, officers and officers employees under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 13 contracts

Sources: Indemnification Agreement (Atlis Motor Vehicles Inc), Indemnification Agreement (Atlis Motor Vehicles Inc), Consulting Agreement (Clearsign Combustion Corp)

Mutual Acknowledgement. Both the The Company and the Indemnitee acknowledge that in certain instances, Federal applicable law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 12 contracts

Sources: Director Indemnification Agreement (Qinhui Technology International Co. Ltd.), Indemnification Agreement (NaaS Technology Inc.), Indemnification Agreement (Kaixin Auto Holdings)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law the laws of the United States or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 11 contracts

Sources: Indemnification Agreement (Jack Cooper Logistics, LLC), Indemnification Agreement (Jack Cooper Logistics, LLC), Indemnification Agreement (Jack Cooper Logistics, LLC)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal instances federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers Indemnitee under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may shall not be required to provide indemnification or advance Expenses in the future to undertake with the Securities and Exchange Commission to submit the question violation of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemniteeapplicable law.

Appears in 10 contracts

Sources: Indemnification Agreement (Cim Income Nav, Inc.), Indemnification Agreement (First Real Estate Investment Trust of New Jersey), Indemnification Agreement (Eastgroup Properties Inc)

Mutual Acknowledgement. Both the Company Corporation and the Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. The Indemnitee understands and acknowledges that the Company Corporation has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's Corporation’s right under public policy to indemnify the Indemnitee.

Appears in 10 contracts

Sources: Indemnification Agreement (Tuesday Morning Corp/De), Indemnification Agreement (Crossfirst Bankshares, Inc.), Indemnification Agreement (Layne Christensen Co)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge ---------------------- that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 10 contracts

Sources: Indemnification Agreement (Notify Corp), Indemnification Agreement (Annuncio Software Inc), Indemnification Agreement (Usweb Corp)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 9 contracts

Sources: Indemnification Agreement (Vocus, Inc.), Indemnification Agreement (Wellcare Health Plans, Inc.), Indemnification Agreement (Wellcare Health Plans, Inc.)

Mutual Acknowledgement. Both the The Company and each Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s rights under public policy to indemnify Indemniteethe Indemnitees.

Appears in 9 contracts

Sources: Indemnification Agreement (Sirna Therapeutics Inc), Indemnification Agreement (Sirna Therapeutics Inc), Indemnification Agreement (Sirna Therapeutics Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge ---------------------- that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 9 contracts

Sources: Indemnification Agreement (Therasense Inc), Indemnification Agreement (Netflix Com Inc), Indemnification Agreement (Palm Inc)

Mutual Acknowledgement. Both the The Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. The Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s rights under public policy to indemnify an Indemnitee.

Appears in 9 contracts

Sources: Indemnification Agreement (Marinus Pharmaceuticals, Inc.), Indemnification Agreement (Marinus Pharmaceuticals, Inc.), Indemnification Agreement (Marinus Pharmaceuticals Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge ---------------------- that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 8 contracts

Sources: Indemnification Agreement (Top Tier Software Inc), Indemnification Agreement (Tibco Software Inc), Indemnification Agreement (Andromedia Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors directors, officers and officers other corporate agents under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 8 contracts

Sources: Indemnification Agreement (Tekelec), Indemnification Agreement (Tekelec), Indemnification Agreement (NeurogesX Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, consultants, fiduciaries or agents under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s right, under public policy policy, to indemnify Indemnitee.

Appears in 7 contracts

Sources: Sponsor Stockholders Agreement, Sponsor Stockholders Agreement (Denali Holding Inc.), Indemnification Agreement (Denali Holding Inc.)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 7 contracts

Sources: Indemnification Agreement (Jetblue Airways Corp), Indemnification Agreement (CF Finance Acquisition Corp II), Board of Directors Agreement (Apollo Medical Holdings, Inc.)

Mutual Acknowledgement. Both the Company Corporation and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or Corporation may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's Corporation’s right under public policy to indemnify Indemnitee.

Appears in 6 contracts

Sources: Executive Employment Agreement (Bakhu Holdings, Corp.), Indemnification Agreement (Bakhu Holdings, Corp.), Indemnification Agreement (Kings Road Entertainment Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, instances Federal law or applicable public policy may prohibit the Company from indemnifying its directors directors, officers and officers employees under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 6 contracts

Sources: Indemnification Agreement (Rubicon Technology, Inc.), Indemnification Agreement (Vera Bradley, Inc.), Indemnification Agreement (Innerworkings Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 6 contracts

Sources: Indemnification Agreement (Us Ecology, Inc.), Indemnification Agreement (Herbst Gaming, LLC), Indemnification Agreement (Zynex Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors directors, officers and officers agents under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 6 contracts

Sources: Employment Agreement (Newpark Resources Inc), Employment Agreement (Newpark Resources Inc), Indemnification Agreement (Newpark Resources Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 4 contracts

Sources: Indemnification Agreement (Sonomawest Holdings Inc), Indemnification Agreement (Sonomawest Holdings Inc), Indemnification Agreement (Sonomawest Holdings Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents, or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 4 contracts

Sources: Indemnification Agreement (Altitude International Holdings, Inc.), Indemnification Agreement (Altitude International Holdings, Inc.), Indemnification Agreement (Altitude International Holdings, Inc.)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers or advancing Expenses to Indemnitee under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 4 contracts

Sources: Indemnification Agreement (SVB Financial Group), Indemnification Agreement (SVB Financial Group), Indemnification Agreement (California Micro Devices Corp)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors directors, officers and officers other corporate agents or advancing Expenses under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 3 contracts

Sources: Indemnification Agreement (Williams Sonoma Inc), Indemnification Agreement (Aradigm Corp), Indemnification Agreement (Williams Sonoma Inc)

Mutual Acknowledgement. Both the Company and the Indemnitee acknowledge that in certain instancesinstances the Act, Federal applicable law or applicable public policy may prohibit the Company from indemnifying its directors and officers the Indemnitee under this Agreement or otherwise. The Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission regulatory authorities to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify the Indemnitee.

Appears in 3 contracts

Sources: Indemnification Agreement (Green Thumb Industries Inc.), Indemnification Agreement (Green Thumb Industries Inc.), Indemnification Agreement (Green Thumb Industries Inc.)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to in a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 3 contracts

Sources: Indemnification Agreement (Tailwind Financial Inc.), Indemnification Agreement (Navitas International CORP), Indemnification Agreement (Navitas International CORP)

Mutual Acknowledgement. Both the The Company and each Indemnitee ---------------------- acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right rights under public policy to indemnify Indemniteethe Indemnitees.

Appears in 3 contracts

Sources: Indemnification Agreement (Releasenow Com Corp), Indemnification Agreement (Kana Communications Inc), Indemnification Agreement (Kintana Inc)

Mutual Acknowledgement. Both the The Company and each Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands The Indemnitees understand and acknowledges acknowledge that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s rights under public policy to indemnify an Indemnitee.

Appears in 3 contracts

Sources: Indemnification Agreement (Patient Safety Technologies, Inc), Indemnification Agreement (Protalex Inc), Indemnification Agreement (Protalex Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, instances Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 3 contracts

Sources: Indemnification Agreement (Skillsoft Public Limited Co), Indemnification Agreement (Skillsoft Public Limited Co), Indemnification Agreement (Skillsoft Public Limited Co)

Mutual Acknowledgement. Both the Company and the Indemnitee acknowledge that that, in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. The Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ability under public policy to indemnify the Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Allegiant Travel CO), Indemnification Agreement (Allegiant Travel CO)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge ---------------------- that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Echelon Corp), Indemnification Agreement (Identix Inc)

Mutual Acknowledgement. Both the Company Corporation and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company Corporation has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's Corporation’s right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Coskata, Inc.), Indemnification Agreement (Momentum Merger Corp)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying directors, officers, employees, controlling persons, agents or fiduciaries of the Company and its directors and officers subsidiaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s rights under public policy to indemnify Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Cheniere Energy Inc), Indemnification Agreement (Cheniere Energy Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Englobal Corp), Indemnification Agreement (Emageon Inc)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s rights under public policy to indemnify Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (United Online Inc), Indemnification Agreement (Classmates Media CORP)

Mutual Acknowledgement. Both the Company Corporation and Indemnitee acknowledge that in certain instances, Federal law the laws of the United States or applicable public policy may prohibit the Company Corporation from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company Corporation has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's Corporation’s right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Sources: Indemnity Agreement (Guide Holdings Inc), Indemnification Agreement (Natures Sunshine Products Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or and may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (QRS Corp), Indemnification Agreement (Penson Worldwide Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee Indem­nitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Quicklogic Corporation), Indemnification Agreement (COPsync, Inc.)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Comstock Homebuilding Companies, Inc.), Indemnification Agreement (Wellcare Group Inc)

Mutual Acknowledgement. Both the Company and the Indemnitee acknowledge that in certain instances, Federal instances federal law or applicable public policy may prohibit the Company company from indemnifying its directors and officers the Indemnitee under this Agreement or otherwise. The Indemnitee understands and acknowledges that the Company has undertaken or may shall not be required to provide indemnification or advance Expenses in the future to undertake with the Securities and Exchange Commission to submit the question violation of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemniteeapplicable law.

Appears in 2 contracts

Sources: Indemnification Agreement (Trade Street Residential, Inc.), Indemnification Agreement (Trade Street Residential, Inc.)

Mutual Acknowledgement. Both the The Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. The Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s rights under public policy to indemnify the Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Aclaris Therapeutics, Inc.), Indemnification Agreement (Aclaris Therapeutics, Inc.)

Mutual Acknowledgement. Both the Company Corporation and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company Corporation has undertaken undertaken, or may be required in the future to undertake with the Securities and Exchange Commission Commission, to submit the question of indemnification to a court in certain circumstances for a determination of the CompanyCorporation's right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Fx Energy Inc), Indemnification Agreement (Fx Energy Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that ----------------------- in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Tut Systems Inc), Indemnification Agreement (Tut Systems Inc)

Mutual Acknowledgement. Both the The Company and the Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, managers, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. The Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s rights under public policy to indemnify the Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Seracare Life Sciences Inc), Indemnification Agreement (Seracare Life Sciences Inc)

Mutual Acknowledgement. Both the Company Corporation and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company Corporation has undertaken undertaken, or may be required in the future to undertake with the Securities and Exchange Commission Commission, to submit the question of indemnification to a court in certain circumstances for a determination of the Company's Corporation’s right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Fx Energy Inc), Indemnification Agreement (Fx Energy Inc)

Mutual Acknowledgement. Both the The Company and the Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, managers, officers, employees, agents or fiduciaries under this Agreement or otherwise. The Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right rights under public policy to indemnify an Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Skyterra Communications Inc), Indemnification Agreement (Hughes Communications, Inc.)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s rights under public policy to indemnify Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Chaus Bernard Inc), Indemnification Agreement (Chaus Bernard Inc)

Mutual Acknowledgement. Both the The Company and the Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, managers, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. The Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right rights under public policy to indemnify the Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Ritz Interactive, Inc.), Indemnification Agreement (Universal Electronics Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal or other applicable law or applicable public policy articulated by the Securities and Exchange Commission may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents, fiduciaries or related parties under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Alphasmart Inc), Indemnification Agreement (Alphasmart Inc)

Mutual Acknowledgement. Both the The Company and Indemnitee the Indemnitees acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands The Indemnitees understand and acknowledges acknowledge that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s rights under public policy to indemnify an Indemnitee.

Appears in 2 contracts

Sources: Indemnification Agreement (Marinus Pharmaceuticals Inc), Indemnification Agreement (Marinus Pharmaceuticals Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law the laws of the United States or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Altiris Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law laws or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Quarterdeck Corp)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, and/or agents under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Newpark Resources Inc)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ' s rights under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Ideal Power Inc.)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying indem- nifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Stanford Microdevices Inc)

Mutual Acknowledgement. Both the Company The Corporation and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company Corporation has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the CompanyCorporation's right rights under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Ciber Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers Indemnitee under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with to the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Employment Agreement (St John Knits International Inc)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents, fiduciaries or related parties under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Heartland Payment Systems Inc)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge ---------------------- that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right rights under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification & Liability (Catalytica Energy Systems Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Educational Video Conferencing Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal instances federal law or applicable public policy may override applicable state law and prohibit the Company from indemnifying its directors and officers Indemnitee under this Agreement or otherwise. Indemnitee understands and acknowledges that For example, the Company has undertaken or may be required in the future to undertake with and Indemnitee acknowledge that the Securities and Exchange Commission to submit has taken the question of position that indemnification to a court in is not permissible for liabilities arising under certain circumstances federal securities laws, and federal legislation prohibits indemnification for a determination certain violations of the Company's right under public policy to indemnify IndemniteeEmployee Retirement Income Security Act.

Appears in 1 contract

Sources: Indemnification Agreement (Cohen & Co Inc.)

Mutual Acknowledgement. Both the Company and Indemnitee ---------------------- acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying indem- nifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Lynuxworks Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and directors, officers or stockholders under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Ista Pharmaceuticals Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that ---------------------- in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Nuance Communications)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Sonomawest Holdings Inc)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors directors, officers and officers agents under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Sonomawest Holdings Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.. Indemnification Agreement – November 7, 2013

Appears in 1 contract

Sources: Indemnification Agreement (Geeknet, Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s right, under public policy policy, to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Fusion Connect, Inc.)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s rights under public policy to indemnify the Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Trans1 Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge ---------------------- that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying indem nifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Tut Systems Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this the Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Univision Communications Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that ---------------------- in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Netflix Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in ---------------------- certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Intek Information Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or law, applicable public policy may prohibit the Company from indemnifying its directors and officers the Indemnitees under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Credit Enhancement and Indemnification Agreement (Comstock Homebuilding Companies, Inc.)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that that, in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Palmsource Inc)

Mutual Acknowledgement. Both the The Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands The Indemnitees understand and acknowledges acknowledge that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s rights under public policy to indemnify the Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Atrinsic, Inc.)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right rights under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (United Online Inc)

Mutual Acknowledgement. Both the Company and the Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. The Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission SEC to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify the Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Bob Evans Farms Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal applicable law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Interwave Communications International LTD)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal instances federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers Indemnitee under this Agreement or otherwise. Indemnitee understands and 4824-1265-6815 acknowledges that the Company has undertaken or may shall not be required to provide indemnification or advance Expenses in the future to undertake with the Securities and Exchange Commission to submit the question violation of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemniteeapplicable law.

Appears in 1 contract

Sources: Indemnification Agreement (Resource Apartment REIT III, Inc.)

Mutual Acknowledgement. Both the (a) The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right ’s rights under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Newgistics, Inc)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge that ---------------------- in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right rights under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Rainmaker Systems Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying indem nifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Netcom Systems Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors directors, officers and officers other corporate agents under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Voice Life Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge ---------------------- that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future furore to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Centillium Communications Inc)

Mutual Acknowledgement. Both the The Company and Indemnitee ---------------------- acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right rights under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Applied Science Fiction Inc)

Mutual Acknowledgement. Both the Company and Indemnitee ---------------------- acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers Indemnitee under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with to the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (St John Knits International Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, instances Federal law or applicable public policy may prohibit the Company from indemnifying its directors Directors, Officers and officers employees under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Zumiez Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Sonomawest Holdings Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (American Surgical Holdings Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law the laws of the United States or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee Indem­nitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Overstock Com Inc)

Mutual Acknowledgement. Both the Company Companies and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company Companies from indemnifying its directors and officers their directors, officers, employees, consultants, fiduciaries or agents under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or Companies may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right Companies’ right, under public policy policy, to indemnify Indemnitee.

Appears in 1 contract

Sources: Indemnification Agreement (Associated Materials, LLC)