No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 115 contracts
Sources: Indemnification Agreement (Genvor Inc), Indemnification Agreement (Genvor Inc), Indemnification Agreement (Genvor Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 90 contracts
Sources: Indemnification Agreement (CBD Life Sciences Inc.), Indemnification Agreement (PHX Minerals Inc.), Indemnification Agreement (Zicix Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 64 contracts
Sources: Indemnification Agreement (Duck Creek Technologies, Inc.), Indemnification Agreement (Liberty Expedia Holdings, Inc.), Indemnification Agreement (CommerceHub, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder, except as provided in Section 18 below.
Appears in 47 contracts
Sources: Indemnification Agreement (4D Molecular Therapeutics Inc.), Indemnification Agreement (Corsair Gaming, Inc.), Indemnification Agreement
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 47 contracts
Sources: Indemnification Agreement (Symyx Technologies Inc), Indemnification Agreement (McClatchy Co), Indemnification Agreement (Navigation Technologies Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 42 contracts
Sources: Indemnification Agreement (BeyondSpring Inc.), Indemnification Agreement (Armstrong Flooring, Inc.), Indemnification Agreement (Collective Brands, Inc.)
No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationthe Charter, Bylaw the Bylaws or otherwise) of the amounts otherwise indemnifiable Indemnifiable hereunder.
Appears in 38 contracts
Sources: Indemnification Agreement (Mack Cali Realty L P), Indemnification Agreement (Mack Cali Realty L P), Indemnification Agreement (Mack Cali Realty L P)
No Duplication of Payments. The Notwithstanding anything herein to the contrary, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, any other agreement, the Company’s Certificate of Incorporation, Bylaw and Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 38 contracts
Sources: Board of Directors Agreement (Collab Z Inc.), Board of Directors Agreement (Collab Z Inc.), Board of Directors Agreement (Entero Therapeutics, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 37 contracts
Sources: Separation Agreement, Separation Agreement (Comscore, Inc.), Separation Agreement (Comscore, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 37 contracts
Sources: Director Agreement (Islet Sciences, Inc), Director Agreement (Islet Sciences, Inc), Indemnification Agreement (Marrone Bio Innovations Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationvote, Bylaw agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 35 contracts
Sources: Indemnification Agreement (YD Bio LTD), Indemnification Agreement (TechCreate Group Ltd.), Independent Director Service Agreement (Papa Medical Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable Indemnifiable hereunder.
Appears in 33 contracts
Sources: Indemnification Agreement (Vistagen Therapeutics, Inc.), Indemnification Agreement (Vistagen Therapeutics, Inc.), Indemnification Agreement (Vistagen Therapeutics, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationbylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 29 contracts
Sources: Indemnification Agreement (UTime LTD), Indemnification Agreement (Stem, Inc.), Consulting Agreement (Clearsign Combustion Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 29 contracts
Sources: Indemnification Agreement (Dealertrack Technologies, Inc), Indemnification Agreement (Aruba Networks, Inc.), Indemnification Agreement (Ziprealty Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 25 contracts
Sources: Indemnification Agreement (Foot Locker, Inc.), Indemnification Agreement (Foot Locker, Inc.), Indemnification Agreement (PF2 SpinCo, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 24 contracts
Sources: Securities Purchase Agreement (Mti Technology Corp), Indemnification Agreement (Mti Technology Corp), Indemnification Agreement (Mti Technology Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Expense or Liability of Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationArticles, Bylaw Bylaws, or otherwise) of the amounts otherwise indemnifiable hereunder. This Agreement shall supersede any prior indemnification agreement between Indemnitee and the Company.
Appears in 23 contracts
Sources: Indemnification Agreement (Buckle Inc), Indemnification Agreement (Tributary Funds, Inc.), Indemnification Agreement (Tributary Funds, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim action, suit, proceeding, inquiry or investigation made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 22 contracts
Sources: Indemnification Agreement (Sevion Therapeutics, Inc.), Indemnification Agreement (Senesco Technologies Inc), Indemnification Agreement (Senesco Technologies Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 22 contracts
Sources: Indemnification Agreement (Exponent Inc), Indemnification Agreement (Cathay General Bancorp), Indemnification Agreement (Greektown Newco Sub, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of Incorporation, Bylaw Incorporation or Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 19 contracts
Sources: Indemnification Agreement (Able Telcom Holding Corp), Indemnification Agreement (Avteam Inc), Indemnification Agreement (Avteam Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Certificate of Incorporation, Bylaw or otherwise) the Bylaws or otherwise of the amounts otherwise indemnifiable hereunder. The Company’s obligation to indemnify or advance Expenses hereunder to Indemnitee as a result of the Indemnitee’s Corporate Status with an Entity other than the Company shall be reduced by any amount Indemnitee has actually received as indemnification or advancement of Expenses from such other Entity.
Appears in 18 contracts
Sources: Employment Agreement (Adial Pharmaceuticals, Inc.), Employment Agreement (Adial Pharmaceuticals, Inc.), Employment Agreement (Adial Pharmaceuticals, Inc.)
No Duplication of Payments. The Company shall not be liable under -------------------------- this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 17 contracts
Sources: Indemnification Agreement (Vidamed Inc), Indemnification Agreement (Tibco Software Inc), Indemnification Agreement (Hollis Eden Pharmaceuticals Inc /De/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 16 contracts
Sources: Voting Agreement (Newgistics, Inc), Indemnification Agreement (Newgistics, Inc), Indemnification Agreement (Masergy Communications Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 15 contracts
Sources: Indemnification Agreement (Sirna Therapeutics Inc), Indemnification Agreement (Sirna Therapeutics Inc), Indemnification Agreement (Sirna Therapeutics Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company's certificate of incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 15 contracts
Sources: Separation Agreement (Boundless Corp), Indemnification Agreement (Entex Information Services Inc), Indemnification Agreement (Callidus Software Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationCertificate, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 14 contracts
Sources: Board of Directors Agreement (Apollo Medical Holdings, Inc.), Indemnification Agreement (JD.com, Inc.), Indemnification & Liability (Baozun Inc.)
No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationbylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 13 contracts
Sources: Indemnification Agreement (Biomimetic Therapeutics, Inc.), Indemnification Agreement (Ramsay Managed Care Inc), Indemnification Agreement (Psychiatric Solutions Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-Law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 13 contracts
Sources: Director Indemnification Agreement (GNC Holdings, Inc.), Officer Indemnification Agreement (GNC Holdings, Inc.), Indemnification Agreement (City Ventures, Inc.)
No Duplication of Payments. The Company shall not be liable under this -------------------------- Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 12 contracts
Sources: Indemnification Agreement (Nuance Communications), Indemnification Agreement (Kyphon Inc), Indemnification Agreement (Microtune Inc)
No Duplication of Payments. The Subject to Section 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate or any provision of Incorporation, Bylaw the Company’s LLC Agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 12 contracts
Sources: Indemnification Agreement (New Fortress Energy LLC), Indemnification Agreement (New Fortress Energy LLC), Indemnification Agreement (New Fortress Energy LLC)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationby law, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 12 contracts
Sources: Indemnification Agreement (Mobileye Global Inc.), Indemnification Agreement (Blucora, Inc.), Indemnification Agreement (Intel Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw policy or otherwise) of the amounts otherwise indemnifiable hereunder).
Appears in 12 contracts
Sources: Employment Agreement (Anavex Life Sciences Corp.), Employment Agreement (Anavex Life Sciences Corp.), Employment Agreement (Anavex Life Sciences Corp.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw M&A or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 11 contracts
Sources: Director Indemnification Agreement (Qinhui Technology International Co. Ltd.), Indemnification Agreement (Kaixin Auto Holdings), Indemnification Agreement (Hexindai Inc.)
No Duplication of Payments. The Except as otherwise set forth in Section 3(b) above, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against an Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate certificate of Incorporationincorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 11 contracts
Sources: Indemnification Agreement (Marinus Pharmaceuticals, Inc.), Indemnification Agreement (Marinus Pharmaceuticals, Inc.), Indemnification Agreement (Marinus Pharmaceuticals Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 11 contracts
Sources: Indemnification Agreement, Indemnification Agreement, Separation Agreement (Ampio Pharmaceuticals, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 11 contracts
Sources: Indemnification Agreement (Websidestory Inc), Indemnification Agreement (Websidestory Inc), Indemnification Agreement (Websidestory Inc)
No Duplication of Payments. The Subject to Section 14 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Company’s Certificate of Incorporation, Bylaw Incorporation or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Sources: Indemnification Agreement (Rithm Capital Corp.), Director and Officer Indemnification Agreement (Moelis & Co), Indemnification Agreement (New Senior Investment Group Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable identifiable hereunder.
Appears in 10 contracts
Sources: Indemnification Agreement (Looksmart LTD), Indemnification Agreement (GigOptix, Inc.), Indemnification Agreement (Ap Pharma Inc /De/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee Proceeding to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of the Company’s Articles of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 10 contracts
Sources: Indemnification Agreement (Skywest Inc), Indemnification Agreement (Merit Medical Systems Inc), Indemnification Agreement (Merit Medical Systems Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationthe Charter, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Sources: Indemnification Agreement (Earth Biofuels Inc), Indemnification Agreement (Earth Biofuels Inc), Indemnification Agreement (Earth Biofuels Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw article or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Sources: Indemnification Agreement (Belden Inc), Indemnification Agreement (Belden Inc), Indemnification Agreement (Belden Inc)
No Duplication of Payments. The Company shall not be liable under this -------------------------- Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Sources: Indemnification Agreement (Netflix Inc), Separation Agreement (Crossworlds Software Inc), Indemnification Agreement (Netflix Com Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate certificate of Incorporation, Bylaw incorporation or by-laws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 9 contracts
Sources: Employment Agreement (Walt Disney Co), Employment Agreement (Walt Disney Co), Indemnification Agreement (Walt Disney Co)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate the Articles of Incorporation, Bylaw Incorporation or Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 9 contracts
Sources: Indemnification Agreement (Avteam Inc), Indemnification Agreement (2connect Express Inc), Indemnification Agreement (2connect Express Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent that Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporation, Bylaw the Company's Declaration of Trust or otherwiseother governing document) of the amounts otherwise indemnifiable payable hereunder.
Appears in 9 contracts
Sources: Indemnification Agreement (Banyan Strategic Realty Trust), Indemnification Agreement (Banyan Strategic Realty Trust), Indemnification Agreement (Banyan Strategic Realty Trust)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw policy or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 9 contracts
Sources: Employment Agreement (Premier Holding Corp.), Indemnification Agreement (Talk America Holdings Inc), Indemnification Agreement (Tel Save Com Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Article of Incorporation, as amended, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Sources: Indemnification Agreement (Monarch Staffing, Inc.), Indemnification Agreement (Monarch Staffing, Inc.), Indemnification Agreement (Monarch Staffing, Inc.)
No Duplication of Payments. The Except as otherwise set forth in Section 15 above, the Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Sources: Indemnification Agreement (Immersed Inc.), Indemnification Agreement (B. Riley Financial, Inc.), Indemnification Agreement (Emerald Health Bioceuticals Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the Charter or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Sources: Indemnification Agreement (Spanish Broadcasting System Inc), Indemnification Agreement (Dynasil Corp of America), Indemnification Agreement (Spanish Broadcasting System Inc)
No Duplication of Payments. The Subject to Paragraph 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Company’s Certificate of IncorporationIncorporation and By-Laws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Sources: Indemnification Agreement (Hexcel Corp /De/), Indemnification Agreement (Hexcel Corp /De/), Indemnification Agreement (Freescale Semiconductor, Ltd.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee Proceeding to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of the Company’s Articles of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder..
Appears in 8 contracts
Sources: Indemnification Agreement (Merit Medical Systems Inc), Indemnification Agreement (Skywest Inc), Indemnification Agreement (Merit Medical Systems Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporation, Bylaw the Company's charter or Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Sources: Indemnification Agreement (Ir Biosciences Holdings Inc), Indemnification Agreement (Ir Biosciences Holdings Inc), Indemnification Agreement (Ir Biosciences Holdings Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Sources: Indemnification Agreement (Saigene Corp), Indemnification Agreement (Superior Galleries Inc), Indemnification Agreement (Quovadx Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of IncorporationAssociation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Sources: Indemnification Agreement (TE Connectivity Ltd.), Indemnification Agreement (Chubb LTD), Indemnification Agreement (ACE LTD)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable Indemnifiable hereunder.
Appears in 8 contracts
Sources: Indemnity Agreement (Avalonbay Communities Inc), Indemnity Agreement (Avalonbay Communities Inc), Indemnification Agreement (Avalonbay Communities Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 8 contracts
Sources: Indemnification Agreement (Codexis, Inc.), Indemnification Agreement (Mad Catz Interactive Inc), Indemnification Agreement (LRAD Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Sources: Indemnification Agreement (Replidyne Inc), Indemnification Agreement (Trans1 Inc), Indemnification Agreement (Pro Dex Inc)
No Duplication of Payments. The Subject to Section 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate any provision of Incorporationthe Company’s Charter and Bylaws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Sources: Indemnification Agreement (Cadence Bancorporation), Indemnification Agreement (Yum China Holdings, Inc.), Indemnification Agreement (Yum China Holdings, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationbylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 7 contracts
Sources: Indemnification Agreement (Penthouse International Inc), Indemnification Agreement (Franklin Telecommunications Corp), Indemnification Agreement (Overland Data Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Sources: Share Exchange Agreement (Bright Mountain Media, Inc.), Indemnification Agreement (SOCIAL REALITY, Inc.), Executive Employment Agreement (SOCIAL REALITY, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made Proceeding against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate charter documents of Incorporation, Bylaw the Company or any Subsidiary or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Sources: Indemnification Agreement (Vocus, Inc.), Indemnification Agreement (Comstock Homebuilding Companies, Inc.), Indemnification Agreement (Wellcare Health Plans, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Sources: Indemnification Agreement (Orthologic Corp), Indemnification Agreement (Orthologic Corp), Indemnification Agreement (Beacon Power Corp)
No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee of amounts otherwise indemnifiable hereunder if and to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, the Certificate of Incorporation, Bylaw Incorporation or Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Sources: Indemnification Agreement (Troy Group Inc), Indemnification Agreement (Rdo Equipment Co), Indemnification Agreement (Tricord Systems Inc /De/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company's articles of incorporation, Bylaw bylaws (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Sources: Annual Report, Annual Report, Indemnification Agreement (Catapult Communications Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received obtained payment (under any insurance policy, Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 6 contracts
Sources: Indemnification Agreement (Variflex Inc), Indemnification Agreement (Variflex Inc), Indemnification Agreement (Variflex Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the Constating Documents or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Sources: Indemnification Agreement (Zap Com Corp), Indemnification Agreement (Zapata Corp), Indemnification Agreement (Zap Com Corp)
No Duplication of Payments. The Company Companies shall not be liable under this Agreement to make any payment in connection with any Claim made against Proceeding involving the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate the Companies’ articles of Incorporation, Bylaw organization or by-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Sources: Indemnification Agreement (LPL Investment Holdings Inc.), Indemnification Agreement (LPL Investment Holdings Inc.), Indemnification Agreement (LPL Investment Holdings Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee in connection with any threatened, pending or completed action, suit or proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Sources: Indemnification Agreement (GTY Technology Holdings Inc.), Indemnification Agreement (Dell Technologies Inc), Indemnification Agreement (Emc Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw any applicable Subsidiary’s articles of incorporation, Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 6 contracts
Sources: Employment Agreement (Christopher & Banks Corp), Indemnification Agreement (Christopher & Banks Corp), Indemnification Agreement (Mela Sciences, Inc. /Ny)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationthe Certificate, Bylaw the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Sources: Indemnification Agreement, Indemnification Agreement (Cheniere Energy Inc), Indemnification Agreement (Independent Bank Group, Inc.)
No Duplication of Payments. The Subject to Section 12 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate any provision of Incorporationthe Company’s Articles of Incorporation and Bylaws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Sources: Indemnification Agreement (Southern California Bancorp \ CA), Indemnification Agreement (Plumas Bancorp), Indemnification Agreement (California BanCorp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or Bylaws provision or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Sources: Employment Agreement (Yahoo Inc), Employment Agreement (Yahoo Inc), Employment Agreement (Yahoo Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw M&A or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Sources: Series a 1 Senior Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Series a Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Indemnification Agreement (Nobao Renewable Energy Holdings LTD)
No Duplication of Payments. The Subject to Paragraph 12 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Company’s Certificate of IncorporationIncorporation and By-Laws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (CMG Holdings Group, Inc.), Director Resignation Agreement (CMG Holdings Group, Inc.), Indemnification Agreement (CMG Holdings Group, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (Ironclad Performance Wear Corp), Indemnification Agreement (Epoch Holding Corp), Indemnification Agreement (J Net Enterprises Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate certificate of Incorporationincorporation, Bylaw by-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (Mips Technologies Inc), Indemnification Agreement (Eddie Bauer Holdings, Inc.), Indemnification Agreement (Mips Technologies Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any an insurance policy, the Certificate of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable idemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (Leidos, Inc.), Indemnification Agreement (SAIC Gemini, Inc.), Indemnification Agreement (Science Applications International Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification & Liability (BKV Corp), Indemnification Agreement (HMH Holding Inc), Indemnification & Liability (BKV Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the Memorandum and Articles or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (Green Giant Enterprise Inc.), Indemnification Agreement (NFT LTD), Indemnification Agreement (Moxian (BVI) Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (Adaptec Inc), Indemnification Agreement (Adaptec Inc), Indemnification Agreement (Omneon Video Networks, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Restated Certificate of Incorporation, Bylaw Company By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (EPIX Pharmaceuticals, Inc.), Indemnification Agreement (V I Technologies Inc), Indemnification Agreement (Autocyte Inc)
No Duplication of Payments. The Subject to Section 15(e) hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (Varonis Systems Inc), Indemnification Agreement (Tumi Holdings, Inc.), Indemnification Agreement (Tumi Holdings, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporation, Bylaw the Charter or Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (ADS Tactical, Inc.), Indemnification Agreement (Goodman Sales CO), Indemnification Agreement (Goodman Global Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company’s certificate of incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (Kratos Defense & Security Solutions, Inc.), Indemnification Agreement (Westpoint International Inc), Indemnification Agreement (Xo Communications Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (Apollo Endosurgery, Inc.), Indemnification Agreement (Activecare, Inc.), Indemnification Agreement (Comverge, Inc.)
No Duplication of Payments. The Company shall not be liable under this -------------------------- Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (Inktomi Corp), Indemnification Agreement (Battery Express Inc), Indemnification Agreement (Intira Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationunder the Articles and Bylaws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (Multimedia Games Inc), Indemnification Agreement (Multimedia Games Inc), Indemnification Agreement (Bindview Development Corp)
No Duplication of Payments. The Except as otherwise set forth in Section 14 above, the Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (Avita Medical, Ltd.), Indemnification Agreement (SPRINT Corp), Indemnification Agreement (SPRINT Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company’s certificate of incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 5 contracts
Sources: Legal Release of Claims (Evolving Systems Inc), Employment Agreement (Rambus Inc), Indemnification Agreement (Evolving Systems Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment from the Company (under any insurance policy, Certificate of Incorporation, Bylaw policy obtained by the Company or otherwise, and including payment made directly to the Indemnitee by an insurer under such an insurance policy) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (Telewest Global Inc), Director and Officer Indemnity Agreement (NTL Inc), Indemnification Agreement (Virgin Media Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationRestated Certificate, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (Volcano CORP), Indemnification Agreement (Right Start Inc /Ca), Indemnification Agreement (Novamed Eyecare Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationcharter, Bylaw bylaw, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Sources: Indemnification Agreement (Spark Networks SE), Indemnification Agreement, Indemnification Agreement (Real Industry, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Articles, Bylaw the Bylaws (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Sources: Indemnification Agreement (BT Brands, Inc.), Indemnification Agreement, Indemnification Agreement (Wall Street Media Co, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Sources: Indemnification Agreement (Xata Corp /Mn/), Indemnification Agreement (TCV Vii Lp), Indemnification Agreement (Xata Corp /Mn/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Restated Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 4 contracts
Sources: Indemnification Agreement (Windtree Therapeutics Inc /De/), Indemnification Agreement (Discovery Laboratories Inc /De/), Indemnification Agreement (Discovery Laboratories Inc /De/)
No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policypolicy for which the premiums are paid by the Corporation, provision of the Corporation’s Certificate of IncorporationIncorporation or Bylaws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Sources: Indemnification Agreement (Concentra Operating Corp), Indemnification Agreement (Concentra Operating Corp), Indemnification Agreement (Concentra Operating Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw policy or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Sources: Indemnification Agreement (Celsius Holdings, Inc.), Indemnification Agreement (Comverse Technology Inc/Ny/), Director and Officer Indemnity Agreement (NTL Europe Inc)
No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Sources: Indemnification Agreement (Consonus Technologies, Inc.), Indemnification Agreement (Infinera Corp), Indemnification Agreement (Omniture, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (payment, under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw or otherwise) , of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Sources: Indemnification Agreement (Rightnow Technologies Inc), Indemnification Agreement (Ensign Group, Inc), Indemnification Agreement (Sco Group Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Memorandum and Articles of Incorporation, Bylaw Association or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Sources: Indemnification Agreement (Semiconductor Manufacturing International Corp), Shareholders’ Agreement (Country Style Cooking Restaurant Chain Co., Ltd.), Indemnification Agreement (Country Style Cooking Restaurant Chain Co., Ltd.)