Action for Indemnification. Any provision herein to the contrary notwithstanding, the Company shall be obligated pursuant to the terms of this Agreement to indemnify the Indemnitee for any expenses incurred by the Indemnitee with respect to any proceeding instituted by the Indemnitee to enforce or interpret this Agreement unless the Company prevails in such proceeding by clear and convincing evidence.
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Samples: Indemnification Agreement (Viewsonic Corp), Indemnity Agreement (Tetra Tech Inc), Indemnification Agreement (Davita Inc)
Action for Indemnification. Any provision herein to the contrary notwithstanding, the Company shall be obligated pursuant to the terms of this Agreement to indemnify the Indemnitee for any expenses incurred by the Indemnitee with respect to any proceeding instituted by the Indemnitee to enforce or interpret this Agreement unless the Company Company, which shall bear the burden of proof, prevails in such proceeding by clear and convincing evidenceproceeding.
Appears in 1 contract
Samples: Indemnity Agreement (Davita Inc)
Action for Indemnification. Any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify the Indemnitee for any expenses 4 5 incurred by the Indemnitee with respect to any proceeding instituted by the Indemnitee to enforce or interpret this Agreement unless if the Company prevails Indemnitee does not prevail in such proceeding by clear and convincing evidenceproceeding.
Appears in 1 contract
Action for Indemnification. Any provision herein to the contrary notwithstanding, the Company shall be obligated pursuant to the terms of this Agreement to indemnify the Indemnitee for any expenses incurred by the Indemnitee with respect to any proceeding instituted by the Indemnitee to enforce or interpret this Agreement unless the Company prevails in such proceeding by clear and convincing evidenceproceeding.
Appears in 1 contract
