Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a portion of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim but not for the total amount thereof, the Company shall indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of Claims relating to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 7 contracts
Sources: Indemnification Agreement (EPIX Pharmaceuticals, Inc.), Indemnification Agreement (Antigenics Inc /De/), Indemnification Agreement (V I Technologies Inc)
Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Losses or Expenses, judgmentsbut not, fineshowever, penalties and amounts paid in settlement for all of a Claim but not for the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of any or all Claims relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 3 contracts
Sources: Indemnification Agreement (Telewest Global Inc), Director and Officer Indemnity Agreement (NTL Inc), Director and Officer Indemnity Agreement (NTL Inc)
Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Losses or Expenses, judgmentsbut not, fineshowever, penalties and amounts paid in settlement of a Claim but not for the entire total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of any or all Claims relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 2 contracts
Sources: Indemnification Agreement (Virgin Media Inc.), Indemnification Agreement (NTL Inc)
Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Indemnification Agreement to indemnification by the Company for some or a portion of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim but not not, however, for the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Indemnification Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of any or all Claims relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 2 contracts
Sources: Indemnification Agreement (Sun Hydraulics Inc), Indemnification Agreement (Sun Hydraulics Inc)
Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim any Indemnifiable Loss but not for all of the total amount thereof, the Company shall will nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of any or all Claims relating in whole or in part to an Indemnifiable Event Loss or in defense of any issue or matter therein, including without limitation dismissal without prejudice, the Indemnitee shall will be indemnified against all Expenses incurred in connection therewith.
Appears in 2 contracts
Sources: Director and Officer Indemnification Agreement (Symetra Financial CORP), Director and Officer Indemnification Agreement (First Solar, Inc.)
Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim any Indemnifiable Loss but not for all of the total amount thereof, the Company shall will nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of any or all Claims relating in whole or in part to an Indemnifiable Event Loss or in defense of any issue or matter therein, including including, without limitation, dismissal without prejudice, the Indemnitee shall will be indemnified against all Expenses incurred in connection therewith.
Appears in 2 contracts
Sources: Indemnification Agreement (Westwood Holdings Group Inc), Indemnification Agreement (Washington Group International Inc)
Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses, judgments, fines, penalties Losses and amounts paid in settlement Expenses of a Claim but not not, however, for all of the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of Claims any or all claims relating in whole or in part to an any Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 1 contract
Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses, judgments, fines, penalties and amounts paid in settlement of Expenses relating to a Claim but not not, however, for the total entire amount thereof, the Company shall indemnify the nevertheless indemnity Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of any or all Claims relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 1 contract
Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses, judgmentsbut not, fineshowever, penalties and amounts paid in settlement for all of a Claim but not for the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of any or all Claims relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 1 contract
Sources: Director and Officer Indemnity Agreement (NTL Europe Inc)