Presumptions; Burden and Standard of Proof. In connection with any determination, or any review of any determination, by any person, including a court: 9.1 It shall be a presumption that Indemnitee has met the applicable standard of conduct and that indemnification of Indemnitee is proper in the circumstances. 9.2 The burden of proof shall be on the Company to overcome the presumptions set forth in the preceding subsection, and such presumption shall only be overcome if the Company establishes that there is no reasonable basis to support it.
Appears in 2 contracts
Sources: Director and Officer Indemnification Agreement (James River Group Holdings, Inc.), Indemnification Agreement (James River Group Holdings, Ltd.)