Common use of Partial Indemnity, Etc Clause in Contracts

Partial Indemnity, Etc. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a portion of the Expenses or other Indemnifiable Amounts in respect of a Claim but not for the entire amount thereof, the Company shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, or resulting from any Indemnifiable Event, or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.

Appears in 3 contracts

Sources: Indemnification Agreement (Gemini Space Station, Inc.), Indemnification Agreement (Viking Holdings LTD), Indemnification Agreement (Bowhead Specialty Holdings Inc.)

Partial Indemnity, Etc. If Indemnitee is entitled under any ----------------------- provision of this Agreement to indemnification by the Company for some or a portion of the Losses and Expenses or other Indemnifiable Amounts in respect of a Claim but not not, however, for all of the entire total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from in part to any Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.

Appears in 2 contracts

Sources: Indemnification Agreement (Peapod Inc), Indemnification Agreement (Specialty Catalog Corp)

Partial Indemnity, Etc. If Indemnitee is entitled under any provision of ---------------------- this Agreement to indemnification by the Company for some or a portion of the Expenses or other Indemnifiable Amounts Expenses, judgments, fines, penalties and amounts paid in respect settlement of a Claim but not not, however, for all of the entire total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewithwith such Claims as to which Indemnitee has been successful.

Appears in 2 contracts

Sources: Indemnification Agreement (Asa Holdings Inc), Indemnification & Liability (Asa Holdings Inc)

Partial Indemnity, Etc. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a some or portion of the Losses and Expenses or other Indemnifiable Amounts in respect of a Claim but not not, however, for all of the entire total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from in part to any Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.

Appears in 2 contracts

Sources: Indemnification Agreement (Plato Learning Inc), Indemnification Agreement (Plato Learning Inc)

Partial Indemnity, Etc. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses Expenses, judgments, fines, penalties and amounts paid in settlement arising from or other Indemnifiable Amounts in respect of relating to a Claim but not not, however, for all of the entire total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of off any or all Claims arising out of, relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.

Appears in 1 contract

Sources: Indemnification Agreement (CHINA MOBILITY SOLUTIONS, INC. (Formerly Xin Net Corp.))

Partial Indemnity, Etc. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the losses and Expenses or other Indemnifiable Amounts in respect of a Claim but not not, however, for all of the entire total amount thereof, the Company company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from in part to any Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.

Appears in 1 contract

Sources: Indemnification Agreement (Aptargroup Inc)

Partial Indemnity, Etc. 6.1 If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses or other Indemnifiable Amounts Expenses, judgments, fines, penalties and amounts paid in respect settlement of a Claim but not not, however, for all of the entire total amount thereof, then the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Moreover, notwithstanding . 6.2 Notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, the Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.

Appears in 1 contract

Sources: Indemnification & Liability (Kideo Productions Inc)

Partial Indemnity, Etc. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a portion portion, but not all, of the Expenses or other Indemnifiable Amounts Expenses, judgments, fines, penalties and amounts paid in respect settlement of a Claim but not for the entire amount thereofClaim, the Company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including without limitation dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.

Appears in 1 contract

Sources: Indemnification Agreement (Parker Drilling Co /De/)

Partial Indemnity, Etc. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Losses and Expenses or other Indemnifiable Amounts in respect of a Claim but not not, however, for all of the entire total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from in part to any Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewiththereto.

Appears in 1 contract

Sources: Indemnification Agreement (EndoCeutics, Inc.)

Partial Indemnity, Etc. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses or other Indemnifiable Amounts in respect of a Claim but not not, however, for all of the entire total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith, notwithstanding an earlier determination by the Board of Directors that the Indemnitee is not entitled to indemnification under applicable law.

Appears in 1 contract

Sources: Indemnification Agreement (AdvancePierre Foods Holdings, Inc.)

Partial Indemnity, Etc. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses or other Indemnifiable Amounts in respect and Losses of a Claim but not not, however, for all of the entire total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from in part to any Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.connection

Appears in 1 contract

Sources: Consulting and Employment Agreement (Triarc Companies 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 or other Indemnifiable Amounts in respect of a Claim but not not, however, for all of the entire total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Moreover, notwithstanding any other provision of this AgreementAgreement (other than Section 17), to the extent that the Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, the Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.

Appears in 1 contract

Sources: Indemnification Agreement (Edwards Lifesciences Corp)

Partial Indemnity, Etc. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company Corporation for some or a portion of the Expenses or other Indemnifiable Amounts in respect of Losses related to a Claim Proceeding but not not, however, for the entire total amount thereof, the Company Corporation shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that a final, non-appealable decision of a court of competent jurisdiction has resulted in Indemnitee has been being successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, Proceedings relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.

Appears in 1 contract

Sources: Indemnification Agreement (Regency Centers Lp)

Partial Indemnity, Etc. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses Expenses, judgments, fines, penalties and amounts paid in settlement arising out of or other Indemnifiable Amounts in respect of resulting from a Claim but not not, however, for the entire amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.

Appears in 1 contract

Sources: Indemnification Agreement (BeyondSpring Inc.)