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 that the Indemnitee has otherwise received payment (under any insurance policy, Bylaw, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 12 contracts
Sources: Indemnification Agreement (Inference Corp /Ca/), Indemnification Agreement (Inference Corp /Ca/), Indemnification Agreement (Inference Corp /Ca/)
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim Claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylawprovision of the Company's certificate of incorporation, bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 10 contracts
Sources: Indemnification Agreement (Top Tier Software Inc), Indemnification Agreement (Emachines Inc /De/), Indemnification Agreement (Emachines Inc /De/)
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 that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Sources: Indemnification Agreement (Therasense Inc), Indemnification Agreement (Sound Source Interactive Inc /De/), Indemnification Agreement (Sound Source Interactive 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 the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Sources: Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc)
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Sources: Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom 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 that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 3 contracts
Sources: Indemnification Agreement (E Stamp Corp), Indemnification Agreement (Neomagic Corp), Indemnification Agreement (Auto by Tel Corp)
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 the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 3 contracts
Sources: Indemnification Agreement (Nava Leisure Usa Inc), Indemnification Agreement (Contessa Corp /De), Indemnification Agreement (Nava Leisure Usa 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 Action to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, bylaw provision or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (Weeks Corp), Indemnification Agreement (Weeks Corp)
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim Claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylawthe Articles, Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (Asa Holdings Inc), Indemnification & Liability (Asa 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 to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (Citadel Security Software Inc), Indemnification Agreement (Petsmart 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 the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylawprovision of the Company's Articles of Incorporation, Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (Multilink Technology Corp), Indemnification Agreement (Synplicity 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 otherwise due and payable to the extent that the Indemnitee has otherwise actually received payment (whether under any insurance policythe Certificate of Incorporation or the Bylaws of the Company, Bylaw, the D & O Insurance or otherwise) of the any amounts otherwise indemnifiable hereunderdue and payable under this Agreement.
Appears in 2 contracts
Sources: Indemnification Agreement (Limited Inc), Indemnification Agreement (Abercrombie & Fitch Co /De/)
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 any Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Sources: Indemnification & Liability (Catalytica Energy Systems Inc), Indemnification Agreement (Applied Science Fiction Inc)
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim Claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, the Certificate or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Sources: Annual Report, Indemnification Agreement (Merrill Lynch & Co 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 the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (Nava Leisure Usa Inc), Indemnification Agreement (Nava Leisure Usa 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 any Indemnitee to the extent that the such Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (Releasenow Com Corp), Indemnification Agreement (Kana Communications 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 that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylawprovision of the Company's Certificate of Incorporation, bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (Pointcast Inc), Indemnification Agreement (Biomarin Pharmaceutical 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 that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (Anheuser Busch Companies Inc), Indemnification Agreement (Anheuser-Busch Companies, Inc.)
No Duplication of Payments. The Subject to Section 4(c) hereof, the Company shall not be liable under -------------------------- this Agreement to make any payment in connection with any claim Proceedings made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylawany provision of the Company’s Bye-Laws, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement, Indemnification Agreement (VimpelCom Ltd.)
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 that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (Tci Satellite Entertainment Inc), Indemnification Agreement (Tci Satellite Entertainment 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 action to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, by-law provision or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Sources: Indemnification Agreement (Via Net Works Inc), Indemnification Agreement (Global Imaging 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 the any Indemnitee to the extent that the such Indemnitee has otherwise actually received payment (under any insurance policy, BylawRestated Certificate, Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderhereunder or to the extent that Indemnitee is entitled to be indemnified directly by any insurance company under the individual directors' and officers' liability provisions of any D&O Insurance maintained by the Company.
Appears in 1 contract
Sources: Indemnification Agreement (Orasure Technologies Inc)
No Duplication of Payments. The Company shall will not be liable under this -------------------------- this Agreement to make any payment in connection with any claim Claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, the Articles or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Scottish Annuity & Life Holdings LTD)
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim action, suit, proceeding, inquiry or investigation made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawRestated Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, the Company's Regulations or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawAmended and Restated Articles of Incorporation, By-Laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Analytical Graphics 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 that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, provision of the Company's charter or Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 that the Indemnitee Indemitee has otherwise received payment (under any insurance policy, Bylaw, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (St John Knits International Inc)
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent that the Indemnitee has otherwise received payment (under any insurance policy, Bylaw, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 that the such Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, By- Law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 any Indemnitee to the extent that the such Indemnitee has otherwise actually received payment (under any insurance policy, BylawArticles, Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Exodus Communications 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 the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim Claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, the Company's Regulations or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim Claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Wavesplitter Technologies 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 the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any other indemnification agreement, insurance policy, Bylaw, Certificate of Incorporation or Bylaw provision or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Sources: Indemnity Agreement (Inprise Corp)
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 the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Sources: 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 to the Indemnitee in respect of any liability or expenses to the extent that the Indemnitee has otherwise actually received payment (under the Certificate, the Bylaws, or any law, statute, rule, agreement, insurance policy, Bylaw, or otherwise) otherwise in respect of the amounts such liability or expenses otherwise indemnifiable hereunder.
Appears in 1 contract
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 the to Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylawcertificate of incorporation, bylaw, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 any Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, the Articles of Incorporation or Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 that the Indemnitee has otherwise received payment (under any insurance policy, Bylaw, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Xoom 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 any Indemnitee to the extent that the such Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 that the Indemnitee has otherwise received payment (under any insurance policy, Bylaw, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim Claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylawprovision of the Company's Articles of Incorporation, Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 1 contract
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 that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawAmended and Restated Certificate of Incorporation, By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Bay Apartment Communities 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 any Indemnitee to the extent that the such Indemnitee has otherwise actually received payment (under any insurance policy, BylawArticles of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
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 otherwise due and payable to the extent that the Indemnitee has otherwise actually received payment (whether under any insurance policythe Certificate of Incorporation or the Bylaws of the Company, Bylaw, the D & O Insurance or otherwise) of the any amounts otherwise indemnifiable hereundersue and payable under this Agreement.
Appears in 1 contract
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 any of the Indemnitee Indemnitees to the extent that any of the Indemnitee Indemnitees has otherwise actually received payment (under any insurance policy, Bylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Sources: Indemnification Agreement (Aastrom Biosciences Inc)