No Duplication of Payments. Subject to Section 13, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 26 contracts
Sources: Indemnification Agreement (Sprinklr, Inc.), Indemnification Agreement (EBR Systems, Inc.), Indemnification Agreement (Tempus Labs, Inc.)
No Duplication of Payments. Subject to the provisions of Section 1315 above, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 21 contracts
Sources: Indemnification Agreement (Clovis Oncology, Inc.), Indemnification Agreement (Clovis Oncology, Inc.), Indemnification Agreement (Clovis Oncology, Inc.)
No Duplication of Payments. Subject to any subrogation rights set forth in Section 1315, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 15 contracts
Sources: Indemnification Agreement (Roblox Corp), Indemnification Agreement (OS Therapies Inc), Indemnification Agreement (Establishment Labs Holdings Inc.)
No Duplication of Payments. Subject to Section 13, the The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise, subject to any subrogation right set forth in Section 15.
Appears in 15 contracts
Sources: Indemnification Agreement (Silk Road Medical Inc), Indemnification Agreement (Silk Road Medical Inc), Indemnification Agreement (Thayer Ventures Acquisition Corp)
No Duplication of Payments. Subject to Section 1315 of this Agreement, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 7 contracts
Sources: Indemnification Agreement (Prosper Funding LLC), Indemnification Agreement (Prosper Funding LLC), Indemnification Agreement (Prosper Funding LLC)
No Duplication of Payments. Subject to Section 13, the The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise, subject to any subrogation rights set forth in Section 15.
Appears in 6 contracts
Sources: Indemnification Agreement (Tintri, Inc.), Indemnification Agreement (BioCardia, Inc.), Indemnification Agreement (BioCardia, Inc.)
No Duplication of Payments. Subject to Section 1313 hereof, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and in connection with any Claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment for such amounts (under any insurance policy, contractany provision of the Company’s Articles of Incorporation and Bylaws, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Sources: Indemnification Agreement (North American Financial Holdings, Inc.), Indemnification Agreement (North American Financial Holdings, Inc.), Indemnification Agreement (Capital Bank Corp)
No Duplication of Payments. Subject to Section 1315 above, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 4 contracts
Sources: Indemnification Agreement (Brookline Capital Acquisition Corp.), Indemnification Agreement (Pulmonx Corp), Indemnification Agreement (Fastly, Inc.)
No Duplication of Payments. Subject to Section 1314, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 3 contracts
Sources: Indemnification Agreement (NKGen Biotech, Inc.), Indemnification Agreement (TriSalus Life Sciences, Inc.), Indemnification Agreement (Rigetti Computing, Inc.)
No Duplication of Payments. Subject to Section 1316, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 3 contracts
Sources: Indemnification Agreement (Tempus AI, Inc.), Indemnification Agreement (Tempus AI, Inc.), Indemnification Agreement (iLearningEngines, Inc.)
No Duplication of Payments. Subject to [Except as provided in Section 1315 of this Agreement, the t][T]he Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 3 contracts
Sources: Indemnification Agreement (GLAUKOS Corp), Indemnification Agreement (Semler Scientific, Inc.), Indemnification Agreement (GLAUKOS Corp)
No Duplication of Payments. Subject to Section 13, the The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise[, except as provided for in Section 15].
Appears in 2 contracts
Sources: Indemnification Agreement (Aadi Bioscience, Inc.), Indemnification Agreement (ARYA Sciences Acquisition Corp III)
No Duplication of Payments. Subject to the subrogation rights set forth in Section 1315, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 2 contracts
Sources: Indemnification Agreement (NetApp, Inc.), Indemnification Agreement (NetApp, Inc.)
No Duplication of Payments. Subject to [Except as provided in Section 1315, the t][T]he Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 2 contracts
Sources: Indemnification Agreement (Pfenex Inc.), Indemnification Agreement (Inogen Inc)
No Duplication of Payments. [Subject to Section 1315, the the][The] Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 2 contracts
Sources: Indemnification Agreement (OneStream, Inc.), Indemnification Agreement (OneStream, Inc.)
No Duplication of Payments. Subject to Section 1316, the The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder under this Agreement (or for which advancement is provided hereunderunder this Agreement) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 2 contracts
Sources: Indemnification Agreement (Kodiak Robotics, Inc.), Board Observer Agreement (Kodiak Robotics, Inc.)
No Duplication of Payments. Subject to [Except as provided in Section 1314, the t][T]he Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 2 contracts
Sources: Indemnification Agreement (FireEye, Inc.), Indemnification Agreement (Palo Alto Networks Inc)
No Duplication of Payments. Subject to Section 13, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement agreement, or otherwise.
Appears in 1 contract
No Duplication of Payments. Subject to Section 13, the The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise[, except as may be contemplated in Section 15 hereof].
Appears in 1 contract
No Duplication of Payments. Subject to Except as set forth in Section 1315, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 1 contract
Sources: Indemnification Agreement (Threshold Pharmaceuticals Inc)
No Duplication of Payments. Subject to [Except as set forth in Section 13, the 15,]3 The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policypolicy procured by the Company, contract, agreement or otherwise.
Appears in 1 contract
No Duplication of Payments. Subject to Except as otherwise set forth in Section 1314, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts (whether under any insurance policy, contract, agreement agreement, the Company's certificate of incorporation or bylaws, or otherwise).
Appears in 1 contract
No Duplication of Payments. Subject to Section 1312, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and in connection with any claim made against Indemnitee to the extent that Indemnitee has otherwise actually received payment for such amounts (under any insurance policy, contractby law, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Electro Scientific Industries Inc)
No Duplication of Payments. [Subject to the second to last sentence of Section 1315, the the][The] Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 1 contract
Sources: Indemnification Agreement (Paymentus Holdings, Inc.)
No Duplication of Payments. Subject to Other than as provided in Section 1313(b) above, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 1 contract
No Duplication of Payments. Subject to Except as provided under Section 1315, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 1 contract
No Duplication of Payments. Subject to Section 1312, the Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of amounts otherwise indemnifiable hereunder (any Expenses or for which advancement is provided hereunder) if and Other Liabilities to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement the Company’s Certificate of Incorporation or otherwiseBy-Laws or otherwise of the amounts otherwise indemnifiable by the Company hereunder.
Appears in 1 contract
No Duplication of Payments. Subject to Section 1317(b), the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 1 contract
Sources: Indemnification Agreement (Peninsula Acquisition Corp)
No Duplication of Payments. Subject to any subrogation rights set forth in Section 1314, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 1 contract
No Duplication of Payments. Subject to the provisions of Section 1315 of this Agreement, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 1 contract
No Duplication of Payments. Subject to Except as provided in Section 1315 above, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 1 contract