Common use of Nonexclusivity Clause in Contracts

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s Certificate of Incorporation, its By-laws, any agreement, any vote of shareholders or disinterested directors, the relevant business corporation law of the Company’s state of incorporation, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 19 contracts

Samples: Indemnification Agreement (Sevion Therapeutics, Inc.), Indemnification Agreement (Senesco Technologies Inc), Indemnification Agreement (Senesco Technologies Inc)

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Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s Certificate of Incorporation, its By-lawsBylaws, any agreement, any vote of shareholders stockholders or disinterested directors, the relevant business corporation law of the Company’s state of incorporationDGCL, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 11 contracts

Samples: Indemnification Agreement (Apollo Endosurgery, Inc.), Indemnification Agreement (LDR Holding Corp), Indemnity Agreement (PROS Holdings, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s Certificate 's Memorandum and Articles of IncorporationAssociation, its By-lawsas may from time to time be amended or replaced, any agreement, any vote of shareholders or disinterested directors, the relevant business corporation law laws of the Company’s 's state of incorporation, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 9 contracts

Samples: Indemnification Agreement (Alvarion LTD), Form of Indemnification Agreement (Alvarion LTD), Form of Indemnification Agreement (Given Imaging LTD)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s 's Certificate of Incorporation, its By-lawsBylaws, any agreement, any vote of shareholders stockholders or disinterested directors, the relevant business corporation law General Corporation Law of the Company’s state State of incorporationDelaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 8 contracts

Samples: Indemnification Agreement (Merisant Worldwide, Inc.), Indemnification Agreement (Bigstar Entertainment Inc /Ny), Indemnification Agreement (Transcrypt International Inc)

Nonexclusivity. The indemnification provided by this Agreement -------------- shall be in addition to any rights to which Indemnitee may be entitled under the Company’s 's Certificate of Incorporation, its By-laws, any agreement, any vote of shareholders or disinterested directors, the relevant business corporation law of the Company’s 's state of incorporation, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 7 contracts

Samples: Indemnification Agreement (Nava Leisure Usa Inc), Indemnification Agreement (Nava Leisure Usa Inc), Indemnification Agreement (Nava Leisure Usa Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which the Indemnitee may be entitled under the Company’s Certificate of Incorporation, its By-laws's governance documents, any agreement, any vote of shareholders the equityholders of the Company or disinterested directors, the relevant business corporation law members of the Company’s state 's Board of incorporationDirectors or similar governing body, applicable law, or otherwise. The indemnification provided under this Agreement shall continue as to the Indemnitee for any action taken the Indemnitee took or did not taken take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 3 contracts

Samples: Indemnification Agreement (Skyterra Communications Inc), Indemnification Agreement (Ritz Interactive, Inc.), Indemnification Agreement (Hughes Communications, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s Certificate of Incorporation, its By-lawsthe Bylaws, any agreement, resolution of the Board, any vote of shareholders stockholders or disinterested directors, the relevant business corporation law of the Company’s state of incorporation, DGCL or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 3 contracts

Samples: Indemnification Agreement (Aci Worldwide, Inc.), Indemnification Agreement (Aci Worldwide, Inc.), Indemnification Agreement (Transaction Systems Architects Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s Certificate of IncorporationCertificate, its By-lawsthe LLC Agreement, any agreement, any vote of shareholders members of the Company or disinterested directors, the relevant business corporation law of the Company’s state of incorporationDLLCA, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 3 contracts

Samples: Indemnification Agreement, Indemnification Agreement (Cheniere Energy Partners, L.P.), Indemnification Agreement (Cheniere Energy Partners, L.P.)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s Certificate Articles of Incorporation, its By-lawsthe Company’s Bylaws, any agreement, any vote of shareholders or disinterested directors, the relevant business corporation law of the Company’s state of incorporation, MGBCL or otherwise. The indemnification provided under this Agreement shall continue , both as to Indemnitee for any action taken or not taken in Indemnitee’s official capacity and as to action in another capacity while serving in an indemnified capacity even though Indemnitee may have ceased to serve in holding such capacityoffice.

Appears in 2 contracts

Samples: Indemnification Agreement (H&r Block Inc), Indemnification Agreement (H&r Block Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s 's Certificate of Incorporation, its By-lawsBylaws, any agreement, any vote of shareholders stockholders or disinterested directors, the relevant business corporation law laws of the Company’s 's state of incorporation, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Network Holdings International Inc), Indemnification Agreement (Go Call Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s 's Certificate of Incorporation, its By-lawsBylaws, any agreement, any vote of shareholders stockholders or disinterested directors, the relevant business corporation law of the Company’s state of incorporationCCC, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnity Agreement (World Waste Technologies Inc), Indemnity Agreement (World Waste Technologies Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the organizational documents of the Company or a subsidiary of the Company’s Certificate of Incorporation, its By-laws, any agreement, any vote of shareholders stockholders or disinterested directors, the relevant business corporation DGCL or similar governing law of a subsidiary of the Company’s state of incorporation, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Cheniere Energy Inc), Indemnification Agreement (Cheniere Energy Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s 's Restated Certificate of Incorporation, its By-laws, any other agreement, any vote of shareholders stockholders or disinterested directors, the relevant business corporation law General Corporation Law of the Company’s state State of incorporationDelaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving at the request of the Company in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Mips Technologies Inc), Indemnification Agreement (Lipid Sciences Inc/)

Nonexclusivity. The indemnification provided by this Agreement shall not be in addition to deemed exclusive of any rights to which the Indemnitee may otherwise be entitled under the Company’s Certificate Amended and Restated Memorandum and Articles of Incorporation, its By-lawsAssociation, any agreement, any vote of shareholders or disinterested directors, the relevant business corporation law of the Company’s state of incorporationor by law, statute or otherwiserule. The indemnification provided under this Agreement shall continue as to the Indemnitee for any action taken act or not taken omission while serving in an indemnified capacity even though Indemnitee he or she may have ceased to serve in such capacitycapacity at the time of any action, suit or other covered proceeding.

Appears in 2 contracts

Samples: Indemnification Agreement (SMART Modular Technologies (WWH), Inc.), Indemnification Agreement (SMART Modular Technologies (WWH), Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s certificate of incorporation (as amended from time to time, the “Certificate of Incorporation”), its By-lawsBylaws, any agreement, any vote of shareholders stockholders or disinterested directorsDisinterested Directors, the relevant business corporation law of the Company’s state of incorporationDGCL, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Classmates Media CORP), Indemnification Agreement (United Online Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s Certificate of IncorporationCertificate, its By-lawsBylaws, any agreement, any vote of shareholders stockholders or disinterested directors, the relevant business corporation law of the Company’s state of incorporationDGCL, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Valence Technology Inc), Indemnification Agreement (American Bank Note Holographics Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be in addition to deemed exclusive of any rights to which Indemnitee may be entitled under the Company’s Certificate Articles of Incorporation, its By-laws, Bylaws or the organizational documents or instruments governing any agreement, any vote of shareholders or disinterested directors, the relevant business corporation law of the Company’s state of incorporation, or otherwiseAffiliate. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while Indemnitee is or was serving in an indemnified capacity even though Indemnitee he may have ceased to serve in such capacitycapacity at the time of any action, suit or other covered proceeding.

Appears in 2 contracts

Samples: Indemnification Agreement (Millerknoll, Inc.), Indemnification Agreement (Miller Herman Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which the Indemnitee may be entitled under the Company’s Certificate of Incorporation, its By-lawsgovernance documents, any agreement, any vote of shareholders the equityholders of the Company or disinterested directors, the relevant business corporation law members of the Company’s state Board of incorporationDirectors or similar governing body, applicable law, or otherwise. The indemnification provided under this Agreement shall continue as to the Indemnitee for any action taken the Indemnitee took or did not taken take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Seracare Life Sciences Inc), Indemnification Agreement (Seracare Life Sciences Inc)

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Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s Certificate 's Articles of Incorporation, its By-lawsBylaws, any agreement, any vote of shareholders stockholders or disinterested directors, the relevant business corporation law of the Company’s state of incorporationStatute, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Epoch Holding Corp)

Nonexclusivity. The indemnification provided by this -------------- Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s 's Certificate of Incorporation, its By-lawsBylaws, any agreement, any vote of shareholders stockholders or disinterested directors, the relevant business corporation law of the Company’s state of incorporationDGCL, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnity Agreement (Applied Science Fiction Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s Certificate of Incorporation, its By-lawsBylaws, any agreement, any vote of shareholders stockholders or disinterested directors, the relevant business corporation law General Corporation Law of the Company’s state State of incorporationDelaware, the CGCL or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken such Indemnitee took or did not taken take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement for Officers (Replidyne Inc)

Nonexclusivity. The indemnification provided by this Agreement -------------- shall be in addition to any rights to which Indemnitee may be entitled under the Company’s 's Certificate of Incorporation, its By-lawsBylaws, any agreement, any vote of shareholders stockholders or disinterested directors, the relevant business corporation law of the Company’s state of incorporationDGCL, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Form of Indemnity Agreement (Catalytica Energy Systems Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s Certificate of Incorporation, its By-lawsBylaws, any agreement, any vote of shareholders stockholders or disinterested directors, the relevant business corporation law laws of the Company’s state of incorporation, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Global Geophysical Services Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s 's certificate of incorporation (as amended from time to time, the "Certificate of Incorporation"), its By-lawsBylaws, any agreement, any vote of shareholders stockholders or disinterested directorsDisinterested Directors, the relevant business corporation law of the Company’s state of incorporationDGCL, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (United Online Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which the Indemnitee may be entitled under the Company’s Certificate of Incorporation, its By-laws's governance documents, any agreement, any vote of shareholders the equityholders of the Company or disinterested directors, the relevant business corporation law members of the Company’s state 's Board of incorporationDirectors or similar governing body, applicable law, or otherwise. The indemnification provided under this Agreement shall continue as Confidential 5 to the Indemnitee for any action taken the Indemnitee took or did not taken take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Universal Electronics Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s Certificate 's Articles of Incorporation, its By-laws, any agreement, any vote of shareholders or disinterested directors, the relevant business corporation law Business Corporation Act of 1983 of the Company’s state State of incorporationIllinois, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Speedfam Ipec Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s Certificate 's Articles of Incorporation, its By-lawsthe Company's Bylaws, any agreement, any vote of shareholders or disinterested directors, the relevant business corporation law of the Company’s state of incorporation, MGBCL or otherwise. The indemnification provided under this Agreement shall continue , both as to Indemnitee for any action taken or not taken in Indemnitee's official capacity and as to action in another capacity while serving in an indemnified capacity even though Indemnitee may have ceased to serve in holding such capacityoffice.

Appears in 1 contract

Samples: Indemnification Agreement (Collins Industries Inc)

Nonexclusivity. The indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s 's Certificate of Incorporation, its By-lawsBylaws, any agreement, any vote of shareholders stockholders or disinterested directors, the relevant business corporation law of the Company’s state of incorporationDGCL, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Activecare, Inc.)

Nonexclusivity. The indemnification and advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company’s Certificate 's Memorandum and Articles of Incorporation, its By-lawsAssociation, any agreement, any vote of shareholders stockholders or disinterested directors, the relevant business corporation law of the Company’s state of incorporation, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Semiconductor Manufacturing International Corp)

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