Mutual Acknowledgement. The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its 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 rights under public policy to indemnify Indemnitee.
Appears in 11 contracts
Sources: Indemnification Agreement (Activecare, Inc.), Indemnification Agreement (Fischer Imaging Corp), Indemnification Agreement (Fischer Imaging Corp)
Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, employees and/or 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 rights right under public policy to indemnify Indemnitee.
Appears in 6 contracts
Sources: Indemnification Agreement (Symposium Telecom Corp), Indemnification Agreement (Dental Medical Diagnostic Systems Inc), Indemnification Agreement (DVD Express Inc)
Mutual Acknowledgement. The Company and each Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its 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 rights under public policy to indemnify Indemniteethe Indemnitees.
Appears in 3 contracts
Sources: Indemnification Agreement (Nationsrent Inc), Indemnification Agreement (Alliance Medical Corp), Common Stock and Warrant Purchase Agreement (Ribozyme Pharmaceuticals Inc)
Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or state law, regulation or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries Indemnitee 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 rights right under law or public policy to indemnify Indemnitee.
Appears in 3 contracts
Sources: Stock Purchase Agreement (iTech Medical, Inc.), Stock Purchase Agreement (iTech Medical, Inc.), Indemnification Agreement (Myo Diagnostics Inc)
Mutual Acknowledgement. The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its 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 rights under public policy to indemnify the Indemnitee.
Appears in 2 contracts
Sources: Indemnification Agreement (Micro Therapeutics Inc), Indemnification Agreement (QCS Net Corp)
Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, employees and/or agents or fiduciaries under this Agreement or otherwiseother wise. 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 rights right under public policy to indemnify Indemnitee.
Appears in 2 contracts
Sources: Indemnification Agreement (Fox Kids Worldwide Inc), Indemnification Agreement (Fox Family Worldwide Inc)
Mutual Acknowledgement. The Company Both Corporation and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each 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 rights Corporation’s right under public policy to indemnify Indemnitee.
Appears in 2 contracts
Sources: Indemnification Agreement (Provide Commerce Inc), Indemnification Agreement (Memec Inc)
Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its 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 rights under public policy to indemnify Indemnitee.
Appears in 2 contracts
Sources: Indemnification Agreement (Network Holdings International Inc), Indemnification Agreement (Go Call Inc)
Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may override applicable state law and may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers 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 rights right under public policy to indemnify Indemnitee.
Appears in 2 contracts
Sources: Indemnification Agreement (Kabira Technologies Inc), Indemnification Agreement (Kabira Technologies Inc)
Mutual Acknowledgement. The Company and each Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its 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 rights under public policy to indemnify Indemniteethe Indemnitees.
Appears in 1 contract
Sources: Indemnification Agreement (Powerwave Technologies Inc)
Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal United States of America federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers 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 rights right under public policy to indemnify Indemnitee.
Appears in 1 contract
Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may override applicable state law and prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors 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 judicial determination of the Company's rights under public policy ability to indemnify Indemnitee.
Appears in 1 contract
Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable law or public policy may prohibit the Company from indemnifying its 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 rights right under public policy to indemnify Indemnitee.
Appears in 1 contract
Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its 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 rights right under public policy to indemnify indemnity Indemnitee.
Appears in 1 contract
Mutual Acknowledgement. The 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, officers, employees, controlling persons, agents or fiduciaries officers and employees 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 rights right under public policy to indemnify Indemnitee.
Appears in 1 contract
Sources: Indemnification Agreement (Kanbay International Inc)
Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers under this Agreement or otherwise. Each Indemnitee understands un derstands 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 rights right under public policy to indemnify Indemnitee.
Appears in 1 contract
Mutual Acknowledgement. The 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, officers, employees, controlling persons, agents or fiduciaries Indemnitee 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 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 rights right under public policy to indemnify Indemnitee.
Appears in 1 contract
Mutual Acknowledgement. The Company Both Corporation and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each 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 rights right under public policy to indemnify Indemnitee.
Appears in 1 contract
Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries key executives 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 rights right under public policy to indemnify Indemnitee.
Appears in 1 contract
Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its, or its subsidiaries, 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 rights right under public policy to indemnify Indemnitee.
Appears in 1 contract
Mutual Acknowledgement. The Company and each Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, stockholders (as defined in Section 10.7), 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 rights under public policy to indemnify Indemnitee.
Appears in 1 contract
Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers under this Agreement or of 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 rights ’s right under public policy to indemnify Indemnitee.
Appears in 1 contract