Partial Indemnification. Indemnitee shall be entitled under this Agreement to indemnification by the Corporation for a portion of the Expenses, judgments, fines and amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled.
Appears in 18 contracts
Sources: Indemnification Agreement (Relmada Therapeutics, Inc.), Indemnification Agreement (Relmada Therapeutics, Inc.), Indemnification Agreement (Relmada Therapeutics, Inc.)
Partial Indemnification. Indemnitee shall be entitled under this Agreement to indemnification by the Corporation for a portion of the Expensesexpenses (including attorneys’ fees), witness fees, damages, judgments, fines and amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding action, suit or proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled.
Appears in 12 contracts
Sources: Employment Agreement (Commerce Energy Group, Inc.), Employment Agreement (Commerce Energy Group Inc), Employment Agreement (Commerce Energy Group, Inc.)
Partial Indemnification. If the Indemnitee shall be is entitled under any provision of this Agreement to indemnification by the Corporation for some or a portion of the Expensesexpenses, judgments, fines and fines, penalties or amounts paid in settlement actually and any other amounts that reasonably incurred by or on behalf of the Indemnitee becomes legally obligated to pay in connection with any Proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification but not, however, for the total amount thereof, and the Corporation shall nevertheless indemnify the Indemnitee for the portion thereof of such expenses, judgments, fines, penalties or amounts paid in settlement to which the Indemnitee is entitled.
Appears in 8 contracts
Sources: Indemnification Agreement (Cognex Corp), Indemnification Agreement (Mercury Computer Systems Inc), Indemnification Agreement (Mercury Computer Systems Inc)
Partial Indemnification. Indemnitee shall be entitled under this Agreement to indemnification by the Corporation for a portion of the Expensesexpenses (including attorneys' fees), witness fees, damages, judgments, fines and amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding action, suit or proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled.
Appears in 7 contracts
Sources: Indemnification Agreement (Commerce Energy Group, Inc.), Employment Agreement (Commerce Energy Group, Inc.), Settlement Agreement (Commerce Energy Group Inc)
Partial Indemnification. If Indemnitee shall be is entitled under any provision of this Agreement to indemnification by the Corporation for some or a portion of the Expenses, judgments, fines and penalties or amounts paid in settlement actually and any other amounts that reasonably incurred by Indemnitee becomes legally obligated to pay or on Indemnitee’s behalf in connection with any Proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification but not, however, for the total amount thereof, and the Corporation shall nevertheless indemnify Indemnitee for the portion thereof of such Expenses, judgments, fines, penalties or amounts paid in settlement to which Indemnitee is entitled.
Appears in 7 contracts
Sources: Indemnification Agreement (Artemis Therapeutics, Inc.), Indemnification Agreement (Artemis Therapeutics, Inc.), Indemnification & Liability (Pluristem Therapeutics Inc)
Partial Indemnification. Indemnitee shall be entitled under this Agreement to indemnification by the Corporation for a portion of the Expensesexpenses (including attorneys' fees), witness fees, damages, judgments, fines and amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding action, suit or proceeding referred to in Section 2 3 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled.
Appears in 7 contracts
Sources: Indemnification Agreement (Jazz Semiconductor Inc), Severance Agreement (Commonwealth Energy Corp), Confidential Settlement Agreement (Commerce Energy Group Inc)
Partial Indemnification. If Indemnitee shall be is entitled under any provision of this Agreement to indemnification by the Corporation for a portion of the Expenses, judgments, fines or penalties actually and amounts paid reasonably incurred by him or her in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification but not, however, for the total amount thereof, and the Corporation shall nevertheless indemnify Indemnitee for the portion thereof of such Expenses, judgments, fines or penalties to which Indemnitee is entitled.
Appears in 6 contracts
Sources: Indemnification Agreement (Mod Pac Corp), Indemnification Agreement (Mod Pac Corp), Indemnification Agreement (Moog Inc)
Partial Indemnification. If Indemnitee shall be is entitled under any provision of this Agreement to indemnification by the Corporation for a any portion of the Expenses, judgments, fines and amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay Expenses or Liability incurred in connection with any Proceeding referred to Proceeding, but not for all of the Expenses or Liability incurred in Section 2 hereof even if not entitled hereunder to indemnification for the total amount thereofconnection with any Proceeding, and the Corporation shall nevertheless indemnify Indemnitee for the portion thereof of such Expenses and Liability to which Indemnitee is entitled.
Appears in 5 contracts
Sources: Indemnification & Liability (Jakks Pacific Inc), Director and Officer Indemnification Agreement (Echo Therapeutics, Inc.), Director and Officer Indemnification Agreement (Techteam Global Inc)
Partial Indemnification. If Indemnitee shall be is entitled under any provision of this Agreement to indemnification by the Corporation ▇▇▇▇▇ for some or a portion of the Expenses, judgmentsbut not, fines and amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification however, for the total amount thereof, and the Corporation ▇▇▇▇▇ shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Attorneys’ fees and expenses shall not be prorated but shall be deemed to apply to the portion of indemnification to which Indemnitee is entitled.
Appears in 3 contracts
Sources: Indemnification Agreement, Indemnification Agreement (Dubuc Motors Inc.), Indemnification Agreement (Dubuc Motors Inc.)
Partial Indemnification. If the Indemnitee shall be is entitled under any provision of this Agreement to indemnification by the Corporation Company for some or a portion of the Expensesany expenses, judgments, fines or penalties, actually and amounts paid reasonably incurred by the Indemnitee in settlement and any other amounts that Indemnitee becomes legally obligated to pay a proceeding or in connection with any Proceeding referred judicial proceeding or arbitration pursuant to in Section 2 hereof even if 8(d) to enforce rights under this Agreement but is not entitled hereunder entitled, however, to indemnification for the total amount thereof, and the Corporation Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled.
Appears in 2 contracts
Sources: Indemnification Agreement (Organovo Holdings, Inc.), Indemnification Agreement (United Therapeutics Corp)
Partial Indemnification. Indemnitee shall be entitled under this Agreement to indemnification by the Corporation for a portion of the Expensesexpenses (including attorneys' fees), witness fees, damages, judgments, fines and amounts paid in settlement settlement, and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding action, suit or proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled.
Appears in 2 contracts
Sources: Indemnification Agreement (Silicon Storage Technology Inc), Indemnification Agreement (Cypros Pharmaceutical Corp)
Partial Indemnification. If Indemnitee shall be is entitled under any provision of this Agreement to indemnification by the Corporation Company for some or a portion of the Expenses, judgments, fines and amounts paid in settlement and any other amounts that Expenses of Indemnitee becomes legally obligated to pay in connection with the investigation, defense, settlement or appeal of any Proceeding referred to specified in Section 2 hereof even if not entitled hereunder to indemnification 1, but not, however, for the total amount thereof, and the Corporation Company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. The party or parties making the determination shall determine the portion (if less than all) of such Expenses for which Indemnitee is entitled to indemnification under this Agreement.
Appears in 2 contracts
Sources: Indemnification Agreement (Belvedere Trust Mortgage CORP), Indemnification Agreement (Telecommunication Systems Inc /Fa/)
Partial Indemnification. In the event that Indemnitee shall be is entitled ----------------------- under any provision of this Agreement to indemnification by the Corporation for a portion but less than the entire amount of any Expenses, judgments, fines, penalties or amounts paid or payable in settlement, the Corporation shall fully indemnify Indemnitee in accordance with the applicable provisions of this Agreement for such portion of such Expenses, judgments, fines and penalties or amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitledsettlement.
Appears in 1 contract
Sources: Indemnification Agreement (International Computex Inc)
Partial Indemnification. Indemnitee shall be entitled under this ----------------------- Agreement to indemnification by the Corporation for a portion of the Expensesexpenses (including attorneys' fees), witness fees, damages, judgments, fines and amounts paid in settlement settlement, and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding action, suit, or proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled.
Appears in 1 contract
Partial Indemnification. Indemnitee shall be entitled under this Agreement to indemnification by the Corporation Company for a portion of the Expensesexpenses (including attorney's fees), judgmentswitness fees, damages, judgment, fines and amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding action, suit or proceeding referred to in Section 2 hereof 1 hereof, even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation Company shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled.
Appears in 1 contract
Sources: Indemnification Agreement (Mikron Instrument Co Inc)
Partial Indemnification. In the event that Indemnitee shall be is entitled under ----------------------- any provision of this Agreement to indemnification by the Corporation for a portion but less than the entire amount of any Expenses, judgments, fines, penalties or amounts paid or payable in settlement, the Corporation shall fully indemnify Indemnitee in accordance with the applicable provisions of this Agreement for such portion of such Expenses, judgments, fines and penalties or amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitledsettlement.
Appears in 1 contract
Sources: Indemnification Agreement (International Computex Inc)
Partial Indemnification. Indemnitee shall be entitled under this Agreement to indemnification by the Corporation Company for a portion of the Expensesexpenses (including attorneys' fees), witness fees, damages, judgments, fines and amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding action, suit or proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation Company shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled.
Appears in 1 contract
Sources: Indemnification Agreement (Landa Management Systems Corp)
Partial Indemnification. Indemnitee shall be entitled under this Agreement to indemnification by the Corporation Company for a portion of the Expensesexpenses (including attorneys' fees), witness fees, damages, judgments, fines and amounts paid in settlement settlement, and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding action, suit or proceeding referred to in Section 2 hereof above, even if he is not entitled hereunder to indemnification for the total amount thereof, and the Corporation shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled.
Appears in 1 contract
Partial Indemnification. If the Indemnitee shall be is entitled under any provision of this Agreement to indemnification by the Corporation for a portion of the Expenses, judgments, fines his Expenses actually and amounts paid reasonably incurred by him in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification but not, however, for the total amount thereofof those Expenses, and the Corporation shall nevertheless indemnify the Indemnitee for the portion thereof of those Expenses to which the Indemnitee is entitled.
Appears in 1 contract
Sources: Indemnification Agreement (Smile Brands Group Inc.)
Partial Indemnification. Indemnitee shall be entitled under this Agreement to indemnification by the Corporation for a such portion of the Expensesexpenses (including attorneys’ fees), witness fees, damages, judgments, fines and amounts paid in settlement and any other amounts that Indemnitee he becomes legally obligated to pay in connection with any Proceeding action, suit or proceeding referred to in Section Sections 2 and 3 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation shall indemnify Indemnitee him for the portion thereof to which Indemnitee he is entitled.
Appears in 1 contract
Partial Indemnification. Indemnitee shall be entitled under this Agreement to indemnification by the Corporation Company for a portion of the Expensesexpenses (including attorney's fees), judgmentswitness fees, damages, judgment, fines and amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled.to
Appears in 1 contract
Sources: Indemnification Agreement (Russian Wireless Telephone Co Inc)
Partial Indemnification. Indemnitee shall be entitled under this Agreement to indemnification by the Corporation for a portion of the Expenses, judgments, fines and amounts paid in settlement and any other amounts Expenses that Indemnitee becomes legally obligated to pay in connection with any Proceeding action, suit or proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled.
Appears in 1 contract
Sources: Indemnification Agreement (Pacificare Health Systems Inc /De/)
Partial Indemnification. Indemnitee shall be entitled under this Agreement to indemnification by the Corporation Company for a portion of the Expensesexpenses (including attorneys’ fees), witness fees, damages, judgments, fines and amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding action, suit or proceeding referred to in Section 2 3 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation Company shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled.
Appears in 1 contract
Sources: Indemnification Agreement (Pdi Inc)
Partial Indemnification. If Indemnitee shall be is entitled under any provision of this Agreement to indemnification by the Corporation for some or a portion of the Expensesany Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines fines, ERISA excise taxes and penalties, and amounts paid in settlement) incurred in the investigation, defense, settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding referred to in Section 2 hereof even if or appeal of a Proceeding, but not entitled hereunder entitled, however, to indemnification for all of the total amount thereof, and the Corporation shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled.
Appears in 1 contract
Partial Indemnification. Indemnitee shall be entitled under this Agreement to indemnification by the Corporation for a portion of the Expensesexpenses (including attorneys’ fees), witness fees, damages, judgments, fines and amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding action, suit or proceeding referred to in Section 2 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled.
Appears in 1 contract
Sources: Indemnification Agreement (Environmental Power Corp)
Partial Indemnification. If Indemnitee shall be is entitled under any provision of this Agreement to indemnification by the Corporation for some or a portion of the Expensesamounts actually or reasonably incurred by Indemnitee in connection with a Proceeding, judgments, fines and amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay or in connection with any Proceeding referred suit brought by Indemnitee to in Section 2 hereof even if not entitled hereunder enforce a right to indemnification or advancement of Expenses under this Agreement, but not, however, for the total amount thereof, and the Corporation shall nevertheless indemnify Indemnitee for the that portion thereof of such amount to which Indemnitee is entitled.
Appears in 1 contract
Partial Indemnification. Indemnitee shall be entitled under this Agreement to indemnification by the Corporation for a portion of the Expensesexpenses (including attorneys' fees), witness fees, damages, judgments, fines and amounts paid in settlement and any other amounts that Indemnitee becomes legally obligated to pay in connection with any Proceeding action, suit or proceeding referred to in Section 2 3 hereof even if not entitled hereunder to indemnification for the total amount thereof, and the Corporation shall indemnify indemnity Indemnitee for the portion thereof to which Indemnitee is entitled.
Appears in 1 contract
Sources: Indemnification Agreement (Commerce Energy Group Inc)