Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other applicable law.
Appears in 198 contracts
Sources: Indemnification Agreement (Omnicell, Inc.), Employment Agreement (NPS Pharmaceuticals Inc), Employment Agreement (NPS Pharmaceuticals Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other applicable law.
Appears in 97 contracts
Sources: Indemnification Agreement (COMMERCIAL METALS Co), Indemnification Agreement (COMMERCIAL METALS Co), Indemnification Agreement (COMMERCIAL METALS Co)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement which other provisions shall be invalidated remain in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other applicable lawfull force and effect.
Appears in 28 contracts
Sources: Indemnification Agreement (OptimizeRx Corp), Indemnification Agreement (Xhibit Corp.), Indemnification Agreement (CM REIT, Inc.)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable in whole or in part for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other applicable law.
Appears in 20 contracts
Sources: Director's Indemnification Agreement (Intelligent Systems Corp), Director's Indemnification Agreement (Intelligent Systems Corp), Indemnification Agreement (Ems Technologies Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other applicable lawprovisions.
Appears in 17 contracts
Sources: Indemnification Agreement (Endurance Specialty Holdings LTD), Indemnification Agreement (Endurance Specialty Holdings LTD), Indemnification Agreement (Endurance Specialty Holdings LTD)
Separability. Each of the provisions of this Agreement is a ------------ separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the Corporation shall nevertheless obligation of the Company to indemnify Agent the Indemnitee to the fullest full extent provided by the Bylaws, Bylaws or the Code or any other applicable lawCode.
Appears in 14 contracts
Sources: Indemnification Agreement (Align Technology Inc), Indemnification Agreement (Digital Island Inc), Indemnification Agreement (Portal Software Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Charter, the Bylaws, the Code or any other applicable law.
Appears in 13 contracts
Sources: Indemnification Agreement (Titanium Asset Management Corp), Indemnification Agreement (Titanium Asset Management Corp), Indemnification Agreement (Archemix Corp.)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then or the obligation of the Corporation shall nevertheless to indemnify Agent the Director to the fullest full extent provided by the BylawsBylaws or the Law, and the Code or any other applicable lawaffected provision shall be construed and enforced so as to effectuate the parties' intent to the maximum extent possible.
Appears in 12 contracts
Sources: Indemnification Agreement (Ligand Pharmaceuticals Inc), Indemnification Agreement (Dura Pharmaceuticals Inc/Ca), Indemnification Agreement (Encad Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then or the obligation of the Corporation shall nevertheless to indemnify Agent the Officer to the fullest full extent provided by the BylawsBylaws or the Law, and the Code or any other applicable lawaffected provision shall be construed and enforced so as to effectuate the parties' intent to the maximum extent possible.
Appears in 11 contracts
Sources: Indemnification Agreement (Dura Pharmaceuticals Inc/Ca), Indemnification Agreement (Encad Inc), Indemnification Agreement (White House Inc/Md)
Separability. Each of the provisions of this Agreement is a ------------ separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other applicable law.
Appears in 11 contracts
Sources: Indemnification Agreement (Orasure Technologies Inc), Indemnification Agreement (Ralcorp Holdings Inc /Mo), Indemnification Agreement (Ralcorp Holdings Inc /Mo)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code GCL or any other applicable law.
Appears in 11 contracts
Sources: Employment Agreement (Clikia Corp.), Lock Up Agreement (Santeon Group, Inc.), Employment Agreement (Ubroadcast, Inc.)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code DGCL or any other applicable law.
Appears in 11 contracts
Sources: Indemnification Agreement (Great American Group, Inc.), Indemnification Agreement (Nanosphere Inc), Indemnity Agreement (Metabasis Therapeutics Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Charter, the Bylaws, the Code DGCL or any other applicable law.
Appears in 10 contracts
Sources: Indemnification Agreement (Myriad Genetics Inc), Indemnification Agreement (Myriad Genetics Inc), Indemnification Agreement (Vringo Inc)
Separability. Each of the provisions of this Agreement is a ------------ separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement and the affected provision shall be invalidated in its entirety on any ground, then construed and enforced so as to effectuate the Corporation shall nevertheless indemnify Agent parties' intent to the fullest maximum extent provided by the Bylaws, the Code or any other applicable lawpossible.
Appears in 9 contracts
Sources: Indemnification Agreement (Covalent Group Inc), Indemnification Agreement (Covalent Group Inc), Indemnification Agreement (Covalent Group Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid valid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other applicable law.
Appears in 9 contracts
Sources: Indemnification Agreement (Giga Tronics Inc), Indemnification Agreement (G & G Retail Inc), Indemnification Agreement (McWhorter Technologies Inc /De/)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the Corporation shall nevertheless obligation of the Company to indemnify Agent the Indemnitee to the fullest full extent provided by the Bylaws, Bylaws or the Code or any other applicable lawCode.
Appears in 8 contracts
Sources: Indemnification Agreement (Large Scale Biology Corp), Indemnification Agreement (Versata Inc), Indemnification Agreement (Sangamo Biosciences Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the Bylaws, the Code or any other applicable law.
Appears in 7 contracts
Sources: Severance Agreement (Commonwealth Energy Corp), Confidential Settlement Agreement (Commerce Energy Group Inc), Indemnification Agreement (Commerce Energy Group Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other applicable law.
Appears in 7 contracts
Sources: Indemnification & Liability (Hansen Medical Inc), Indemnification Agreement (Intarcia Therapeutics, Inc), Indemnification Agreement (Mannkind Corp)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity contained herein or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation nevertheless shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other applicable law.
Appears in 7 contracts
Sources: Indemnification Agreement (Siebel Systems Inc), Indemnification Agreement (Requisite Technology Inc /Co), Indemnification Agreement (Genomica Corp /De/)
Separability. Each of the provisions provision of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof of this Agreement shall be held to be invalid or unenforceable for any reason, such the invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereofof this Agreement. FurthermoreTo the extent required, if any provision of this Agreement shall may be invalidated in modified by a court of competent jurisdiction to preserve its entirety on any ground, then validity and to provide the Corporation shall nevertheless indemnify Agent to Indemnitee with the fullest extent provided by the Bylaws, the Code or any other broadest possible indemnification permitted under applicable law.
Appears in 5 contracts
Sources: Indemnification Agreement (Vicuron Pharmaceuticals Inc), Indemnification Agreement (Cell Therapeutics Inc), Indemnification Agreement (Vicuron Pharmaceuticals Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement and the affected provision shall be invalidated in its entirety on any ground, then construed and enforced so as to effectuate the Corporation shall nevertheless indemnify Agent parties' intent to the fullest maximum extent provided by the Bylaws, the Code or any other applicable lawpossible.
Appears in 5 contracts
Sources: Indemnification Agreement (Covalent Group Inc), Indemnification Agreement (Dura Pharmaceuticals Inc/Ca), Indemnification Agreement (Dura Pharmaceuticals Inc/Ca)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, Bylaws and consistent with the Code or and any other applicable law.
Appears in 4 contracts
Sources: Indemnification Agreement (American Educational Products Inc), Indemnification Agreement (American Educational Products Inc), Indemnification Agreement (American Educational Products Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code DGCL or any other applicable law.
Appears in 4 contracts
Sources: Indemnification Agreement (Leapfrog Enterprises Inc), Indemnification Agreement (Endwave Corp), Indemnification Agreement (Packetvideo Corp)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Director to the fullest full extent provided by the BylawsBylaws or the Law, and the Code or any other applicable lawaffected provision shall be construed and enforced so as to effectuate the parties' intent to the maximum extent possible.
Appears in 4 contracts
Sources: Series F Preferred Stock Purchase Agreement (Digirad Corp), Indemnification Agreement (Triangle Pharmaceuticals Inc), Indemnification Agreement (Rhythms Net Connections Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Indemnitee to the fullest full extent provided by the BylawsCertificate, Bylaws or the Code or any other applicable lawDGCL.
Appears in 4 contracts
Sources: Securities Purchase Agreement, Separation Agreement (Active Power Inc), Indemnity Agreement (Crossroads Systems Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Indemnitee to the fullest full extent provided by the Bylaws, Bylaws or the Code or any other applicable lawCode.
Appears in 3 contracts
Sources: Indemnification Agreement (Endosonics Corp), Indemnification Agreement (Cohesion Technologies Inc), Indemnification Agreement (Coldwater Creek Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision provi sion hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the BylawsCharter Documents, the Code or any other applicable law.
Appears in 3 contracts
Sources: Indemnification Agreement (Tumbleweed Communications Corp), Indemnification & Liability (Tumbleweed Software Corp), Indemnification Agreement (Tumbleweed Communications Corp)
Separability. Each of the provisions provision of this Agreement is a separate and distinct agreement and independent of the others, so that if . If any provision hereof shall be is held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall will not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then or the obligation of the Corporation shall nevertheless to indemnify Agent the Indemnitee to the fullest full extent provided by the BylawsArticles, Bylaws or the Code or any other applicable lawAct.
Appears in 3 contracts
Sources: Indemnification Agreement (West Coast Bancorp /New/Or/), Indemnification Agreement (West Coast Bancorp /New/Or/), Indemnification Agreement (West Coast Bancorp /New/Or/)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the Bylaws, the Code charter documents or any other applicable law.
Appears in 3 contracts
Sources: Corporate Governance Agreement (Premier Exhibitions, Inc.), Corporate Governance Agreement (Premier Exhibitions, Inc.), Indemnification Agreement (Premier Exhibitions, Inc.)
Separability. Each of the provisions provision of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. FurthermoreTo the extent required, if any provision of this Agreement shall may be invalidated in modified by a court of competent jurisdiction to preserve its entirety on any ground, then validity and to provide the Corporation shall nevertheless indemnify Agent to Indemnitee with the fullest extent provided by the Bylaws, the Code or any other broadest possible indemnification permitted under applicable law.
Appears in 3 contracts
Sources: Indemnification Agreement (Sherwin Williams Co), Indemnification Agreement (Sherwin Williams Co), Indemnification Agreement (Sherwin Williams Co)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the BylawsCharter Documents, the Code or any other applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Sangstat Medical Corp), Indemnification Agreement (Openwave Systems Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the BylawsArticles, the Code Act or any other applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (TerraForm Power, Inc.), Indemnification Agreement (SunEdison Semiconductor Pte. Ltd.)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Certificate, the Bylaws, the Code Delaware Law or any other applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Home Diagnostics Inc), Indemnification Agreement (Union Drilling Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent Director to the fullest extent provided by the BylawsConstitution, the Code Act or any other applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Broadcom LTD), Indemnification Agreement (Broadcom Cayman L.P.)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Director to the fullest full extent provided by the BylawsBylaws and the Law and, if applicable, the Code or any other applicable lawCode, and the affected provision shall be construed and enforced so as to effectuate the parties' intent to the maximum extent possible.
Appears in 2 contracts
Sources: Indemnification Agreement (Collateral Therapeutics Inc), Indemnification Agreement (Combichem Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then or the obligation of the Corporation shall nevertheless to indemnify Agent Indemnitee to the fullest full extent provided by the BylawsBylaws or the Law, and the Code or any other applicable lawaffected provision shall be construed and enforced so as to effectuate the parties' intent to the maximum extent possible.
Appears in 2 contracts
Sources: Indemnification Agreement (Discovery Partners International Inc), Indemnification Agreement (Discovery Partners International Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any or all of the provisions hereof (including any provision hereof within a single section, paragraph or sentence) shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the Corporation shall nevertheless obligation of the Company to indemnify Agent the Indemnitee to the fullest full extent provided by the Bylaws, Bylaws or the Code or any other applicable lawCode.
Appears in 2 contracts
Sources: Indemnification Agreement (Portal Software Inc), Indemnification Agreement (Portal Software Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of Corporation shall nevertheless to indemnify Agent Officer to the fullest full extent provided by the BylawsBylaws or the Law, and the Code or any other applicable lawaffected provision shall be construed and enforced so as to effectuate the parties' intent to the maximum extent possible.
Appears in 2 contracts
Sources: Indemnification Agreement (Triangle Pharmaceuticals Inc), Indemnification Agreement (Rhythms Net Connections Inc)
Separability. Each of the provisions provision of this Agreement is a separate and ------------ distinct agreement and independent of the others, so that if any provision hereof of this Agreement shall be held to be invalid or unenforceable for any reason, such the invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. FurthermoreTo the extent required, if any provision of this Agreement shall may be invalidated in modified by a court of competent jurisdiction to preserve its entirety on any ground, then validity and to provide the Corporation shall nevertheless indemnify Agent to Indemnitee with the fullest extent provided by the Bylaws, the Code or any other broadest possible indemnification permitted under applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Virtual Mortgage Network Inc), Indemnification Agreement (Virtual Mortgage Network Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent Director to the fullest extent provided by the BylawsArticles, the Code Act or any other applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Avago Technologies LTD), Indemnification Agreement (Avago Technologies Finance Pte. Ltd.)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent Officer to the fullest extent provided by the BylawsConstitution, the Code Act or any other applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Broadcom LTD), Indemnification Agreement (Broadcom LTD)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code WBCA or any other applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Safedox, Inc.), Indemnification Agreement (Safedox, Inc.)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent to the fullest extent provided by the Amended and Restated Bylaws, the Code or any other applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Pharmacopeia Inc), Indemnification Agreement (Leap Wireless International Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the Bylaws, the Code or any other applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Synopsys Inc), Indemnification Agreement (Synopsys Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the Articles, the Bylaws, the Code or any other applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Silicon Storage Technology Inc), Indemnification Agreement (Cypros Pharmaceutical Corp)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code Delaware Law or any other applicable law.
Appears in 2 contracts
Sources: Indemnity Agreement (Akcea Therapeutics, Inc.), Indemnification Agreement (Isis Pharmaceuticals Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereofhereof (unless such invalidity or unenforceability shall render ineffective such other provision). Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the Articles, the Bylaws, the Code or any other applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Asyst Technologies Inc), Indemnification Agreement (Asyst Technologies Inc /Ca/)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of Corporation shall nevertheless to indemnify Agent Officer to the fullest full extent provided by the BylawsBylaws and the Law, and, if applicable, the Code or any other applicable lawCode, and the affected provision shall be construed and enforced so as to effectuate the parties' intent to the maximum extent possible.
Appears in 2 contracts
Sources: Indemnification Agreement (Collateral Therapeutics Inc), Indemnification Agreement (Combichem Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Indemnitee to the fullest full extent provided by the Bylaws, Bylaws or the Code or any other applicable lawDGCL.
Appears in 2 contracts
Sources: Indemnification Agreement (Silicon Laboratories Inc), Indemnity Agreement (Perficient Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and is independent of the others, so that if any provision or all of the provisions hereof shall be are held to be invalid or unenforceable for any reason, such invalidity or unenforceability enforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of Corporation shall nevertheless to indemnify Agent Indemnitee to the fullest extent provided by the Bylaws, Bylaws or the Code or any other applicable lawDGCL.
Appears in 2 contracts
Sources: Indemnification Agreement (Nu Skin Enterprises Inc), Indemnification Agreement (Nu Skin Enterprises Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid inva lid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other applicable law.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Valence shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the Bylaws, the Code or any other applicable law.
Appears in 1 contract
Sources: Indemnification & Liability (Valence Technology Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent Officer to the fullest extent provided by the BylawsArticles, the Code Act or any other applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (Avago Technologies Finance Pte. Ltd.)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent to the fullest extent provided by the Certificate of Incorporation, Bylaws, the Code DGCL or any other applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (Acadia Pharmaceuticals Inc)
Separability. Each of the provisions of this Agreement is a ------------ separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Indemnitee to the fullest full extent provided by the BylawsCertificate, Bylaws or the Code or any other applicable lawDGCL.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the Corporation shall nevertheless obligation of the Company to indemnify Agent the Indemnitee to the fullest full extent provided by the Bylaws, Bylaws or the Code or any other applicable lawAct.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the BylawsCharter, the Code DGCL or any other applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (Pdi Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the Certificate, the Bylaws, the Code or any other applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (Aeolus Pharmaceuticals, Inc.)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then or the obligation of the Corporation shall nevertheless to indemnify Agent the [Director][Officer] to the fullest full extent provided by the BylawsBylaws or the Law, and the Code or any other applicable lawaffected provision shall be construed and enforced so as to effectuate the parties’ intent to the maximum extent possible.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability unenforceablility shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the BylawsOrganizational Documents, the Code or any other applicable law.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if and the affected provision shall be construed and enforced so as to provide the Indemnitee with the benefits contemplated by this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest maximum extent provided by the Bylaws, the Code or any other applicable lawpossible.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Companies shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the BylawsCharters, the Code DGCL or any other applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (VPNet Technologies, Inc.)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the BylawsArticles, the Code Act, or any other applicable law.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Indemnitee to the fullest full extent provided by the BylawsCertificate, Bylaws or the Code or any other applicable lawD▇▇▇.
Appears in 1 contract
Sources: Restructuring Support Agreement (Crossroads Systems Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the Certificate, the Bylaws, the Code DGCL or any other applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (Outdoor Channel Holdings Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then or the obligation of Corporation shall nevertheless to indemnify Agent Indemnitee to the fullest full extent provided by the Bylaws, the Code Law or any other applicable law, and the affected provision shall be construed and enforced so as to effectuate the parties' intent to the maximum extent possible.
Appears in 1 contract
Separability. Each of the provisions provision of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. FurthermoreTo the extent required, if any provision of this Agreement shall may be invalidated in modified by a court of competent jurisdiction to preserve its entirety on any ground, then validity and to provide Indemnitee with the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other broadest possible indemnification permitted under applicable law.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable for any reason, either generally or only in particular circumstances, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement and any provision held to be invalid or unenforceable in a particular circumstance shall be invalidated valid and enforceable in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent all other circumstances to the fullest extent provided permitted by the Bylaws, the Code or any other applicable law.
Appears in 1 contract
Sources: Asset Purchase Agreement (1st Net Technologies Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then or the obligation of Corporation shall nevertheless to indemnify Agent Indemnitee to the fullest full extent provided by the Bylaws, the Code Law or any other applicable law, and the affected provision shall be construed and enforced so as to effectuate the parties’ intent to the maximum extent possible.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code Delaware Law, or any other applicable law.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Indemnitee to the fullest full extent provided by the BylawsCertificate, the Code By-laws or any other applicable lawthe DGCL.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Companies shall nevertheless indemnify Agent Director to the fullest extent provided by the BylawsCharters, the Code DGCL or any other applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (VPNet Technologies, Inc.)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Director to the fullest full extent provided by the Bylaws, By-laws or the Code or any other applicable lawCode.
Appears in 1 contract
Sources: Indemnification Agreement (Idec Pharmaceuticals Corp / De)
Separability. Each of the provisions provision of this Agreement is a separate and ------------ distinct agreement and independent of the others, so that if any provision hereof of this Agreement shall be held to be invalid or unenforceable for any reason, such the invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereofof this Agreement. FurthermoreTo the extent required, if any provision of this Agreement shall may be invalidated in modified by a court of competent jurisdiction to preserve its entirety on any ground, then validity and to provide the Corporation shall nevertheless indemnify Agent to Indemnitee with the fullest extent provided by the Bylaws, the Code or any other broadest possible indemnification permitted under applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (New Century Financial Corp)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other applicable law.nevertheless
Appears in 1 contract
Sources: Indemnification Agreement (Rouge Wave Software Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent Officer to the fullest full extent provided by the BylawsBylaws or the Law, and the Code or any other applicable lawaffected provision shall be construed and enforced so as to effectuate the parties' intent to the maximum extent possible.
Appears in 1 contract
Sources: Indemnification Agreement (Vista Medical Technologies Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the Articles, the Bylaws, the Code or any other applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (Landa Management Systems Corp)
Separability. Each of the provisions of this Agreement is a separate ------------ and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Director to the fullest full extent provided by the BylawsBylaws or the Law, and the Code or any other applicable lawaffected provision shall be construed and enforced so as to effectuate the parties' intent to the maximum extent possible.
Appears in 1 contract
Sources: Indemnification Agreement (Corsair Communications Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then or the obligation of Corporation shall nevertheless to indemnify Agent Director to the fullest full extent provided by the BylawsBylaws or the Law, and the Code or any other applicable lawaffected provision shall be construed and enforced so as to effectuate the parties' intent to the maximum extent possible.
Appears in 1 contract
Sources: Indemnification Agreement (Wildblue Communications Inc)
Separability. Each of the provisions of this Agreement is a separate ------------ and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable for any reason, ; such invalidity or unenforceability shall not affect the validity or enforceability of the provisions hereof, which other provisions hereof. Furthermore, if this Agreement shall be invalidated remain in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other applicable lawfull force and effect.
Appears in 1 contract
Sources: Indemnification Agreement (CMG Information Services Inc)
Separability. Each of the provisions of this Agreement is a separate ------------ and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Indemnitee to the fullest full extent provided by the BylawsCertificate, Bylaws or the Code or any other applicable lawDGCL.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate ------------ and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent Indemnitee to the fullest extent provided by the Articles, the Bylaws, the Code Code, or any other applicable law.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Indemnitee to the fullest full extent provided by the BylawsCertificate, Bylaws or the Code or any other applicable law▇▇▇▇.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent to the fullest extent provided by the BylawsArticles, the Code Act or any other applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other applicable law.4 5
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Director/Officer to the fullest full extent provided by the Bylaws, By-laws or the Code or any other applicable lawCode.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid or unenforceable in whole or in part for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof and the Corporation hereby agrees and acknowledges that it shall nevertheless indemnify Agent the Executive to the fullest full extent provided permitted by the Bylaws, the Code or any other applicable lawportion of this Agreement that shall not have been invalidated.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the BylawsBy-Laws, the Code or any other applicable law.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent Individual to the fullest extent provided by the Bylaws, the Code or any other applicable law.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of Corporation shall nevertheless to indemnify Agent Officer to the fullest full extent provided by the BylawsArticles, the Code or any other applicable lawBylaws and/or the Law, and the affected provision shall be construed and enforced so as to effectuate the parties’ intent to the maximum extent possible.
Appears in 1 contract
Sources: Indemnification Agreement (Cardiodynamics International Corp)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Director to the fullest full extent provided by the Bylaws, the Code or any other applicable lawAct.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent to the fullest extent provided by the Company's Amended and Restated Certificate of Incorporation, the Bylaws, the Code or any other applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (Pharmacopeia Drug Discovery Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent an Indemnified Party to the fullest extent provided by the Articles, Bylaws, the Code or any other applicable law.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate ------------ and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then or the obligation of the Corporation shall nevertheless to indemnify Agent the Director to the fullest full extent provided by the BylawsBylaws or the Law, and the Code or any other applicable lawaffected provision shall be construed and enforced so as to effectuate the parties' intent to the maximum extent possible.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other -100- provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code or any other applicable law.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be held to be invalid for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then the Corporation Company shall nevertheless indemnify Agent to the fullest extent provided by the Bylaws, the Code Delaware Law or any other applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (Ionis Pharmaceuticals Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of Corporation shall nevertheless to indemnify Agent Officer to the fullest full extent provided by the Bylaws, By-laws or the Code or any other applicable lawCode.
Appears in 1 contract
Sources: Indemnification Agreement (Ligand Pharmaceuticals Inc)
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Indemnitee to the fullest full extent provided by the Bylaws, By-laws or the Code or any other applicable lawDGCL.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of Corporation shall nevertheless to indemnify Agent Director to the fullest full extent provided by the BylawsCertificate, the Code Corporation's Bylaws or any other applicable lawthe Law, and the affected provision shall be construed and enforced so as to effectuate the parties' intent to the maximum extent possible.
Appears in 1 contract
Separability. Each of the provisions of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision or all of the provisions hereof shall be held to be invalid or unenforceable to any extent for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions hereof. Furthermore, if this Agreement shall be invalidated in its entirety on any ground, then hereof or the obligation of the Corporation shall nevertheless to indemnify Agent the Director to the fullest full extent provided by the BylawsArticles, the Code or any other applicable lawBylaws and/or the Law, and the affected provision shall be construed and enforced so as to effectuate the parties’ intent to the maximum extent possible.
Appears in 1 contract
Sources: Indemnification Agreement (Cardiodynamics International Corp)