Common use of Actions of Others Clause in Contracts

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 274 contracts

Samples: Director Retainer Agreement (King Resources, Inc.), Indemnification Agreement (Talos Energy Inc.), Indemnification Agreement (Vocodia Holdings Corp)

AutoNDA by SimpleDocs

Actions of Others. The knowledge and/or or actions, or failure to act, of any director, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 242 contracts

Samples: Indemnification Agreement (Ranger Energy Services, Inc.), Indemnification Agreement (Ranger Energy Services, Inc.), Indemnification Agreement (Via Renewables, Inc.)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee Representative (other than Indemnitee) of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 43 contracts

Samples: Indemnification Agreement (OptiNose, Inc.), Indemnification Agreement (Birkenstock Holding LTD), Indemnification Agreement (OptiNose, Inc.)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise Company or relevant enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 26 contracts

Samples: Indemnification Agreement (Dominos Pizza Inc), Indemnification Agreement (EyePoint Pharmaceuticals, Inc.), Agreement (pSivida Corp.)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, trustee, partner, managing member, fiduciary, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 26 contracts

Samples: Indemnification Agreement (Yulong Eco-Materials LTD), Indemnity Agreement, Indemnification Agreement (Us Concrete Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, officer, agent or employee of the Enterprise Company or other corporation, limited liability company, partnership, joint venture, trust employee benefit plan or other enterprise of which Indemnitee was serving as a director, officer, employee, agent or fiduciary shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 21 contracts

Samples: Form of Indemnification Agreement (SOS Hydration Inc.), Indemnification Agreement (Cingulate Inc.), Indemnification Agreement (Repro Med Systems Inc)

Actions of Others. The knowledge and/or actions, actions or failure to act, act of any director, officer, agent or employee of the Enterprise Company shall not be imputed to the Indemnitee for the purposes of determining the right to indemnification under this Agreement.

Appears in 19 contracts

Samples: Form of Indemnification Agreement (CNL Strategic Capital, LLC), Indemnification Agreement (CNL Healthcare Properties, Inc.), Form of Indemnification Agreement (CNL Healthcare Properties II, Inc.)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, officer, trustee, administrator, partner, member, fiduciary, employee or agent or employee of the Company or any Enterprise other than the Company shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 18 contracts

Samples: Indemnification Agreement (Medivation, Inc.), Indemnification Agreement (Medivation, Inc.), Indemnification Agreement (Medivation, Inc.)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, partner, managing member, officer, agent agent, employee or employee trustee of the Enterprise shall not be imputed to the Indemnitee for purposes of determining the his right to indemnification under this Agreement.

Appears in 16 contracts

Samples: Indemnification Agreement, Form of Indemnity Agreement (Trump Entertainment Resorts, Inc.), Indemnification Agreement (Irvine Sensors Corp/De/)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise Company shall not be imputed to the Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 16 contracts

Samples: Indemnification Agreement (CNL Income Properties Inc), Form of Indemnification Agreement (Boston Capital Real Estate Investment Trust Inc), Indemnification Agreement (CNL Hospitality Properties II, Inc.)

Actions of Others. The knowledge and/or or actions, or failure to act, of any director, officer, partner, general partner, manager, managing member, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 15 contracts

Samples: Indemnification Agreement (Atlas Energy Solutions Inc.), Indemnification Agreement (New Atlas HoldCo Inc.), Indemnification Agreement (Atlas Energy Solutions Inc.)

Actions of Others. The knowledge and/or or actions, or failure to act, of any director, officer, agent agent, employee, or employee other representative of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 14 contracts

Samples: Indemnification Agreement (Ionic Digital Inc.), Indemnification Agreement (INVACARE HOLDINGS Corp), Form of Indemnification Agreement (Verde Clean Fuels, Inc.)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent agent, trustee, fiduciary or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 13 contracts

Samples: Indemnity Agreement (Century Aluminum Co), Indemnification Agreement (NMI Holdings, Inc.), Indemnity Agreement (Genpact LTD)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, officer, agent or employee of the Enterprise Company shall not be imputed to the Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 13 contracts

Samples: Indemnification Agreement (Actuant Corp), Indemnification Agreement (Vitacost.com, Inc.), Indemnification Agreement (Industrial Income Trust Inc.)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise Company shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 11 contracts

Samples: Indemnification Agreement (Flowserve Corp), Indemnification Agreement (MYnd Analytics, Inc.), Form of Indemnification Agreement (CNS Response, Inc.)

Actions of Others. The knowledge and/or or actions, or failure to act, of any director, manager, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 11 contracts

Samples: Indemnification Agreement (Cactus, Inc.), Indemnification Agreement (Cactus, Inc.), Indemnification Agreement (Cactus, Inc.)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, partner, managing member, officer, agent agent, employee or employee trustee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the Indemnitee’s right to indemnification under this Agreement.

Appears in 8 contracts

Samples: Indemnification Agreement (TransMedics Group, Inc.), Indemnification Agreement (Cyclerion Therapeutics, Inc.), Indemnification Agreement (Cyclerion Therapeutics, Inc.)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officerOfficer, agent employee, agent, trustee or employee fiduciary of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 7 contracts

Samples: Indemnification Agreement (Natural Health Trends Corp), Indemnification Agreement (Sinohub, Inc.), Indemnification Agreement (Intellect Neurosciences, Inc.)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise Corporation (other than Indemnitee) shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 6 contracts

Samples: Employment Agreement (Gotham Golf Corp), Employment Agreement (Gotham Golf Corp), Employment Agreement (Gotham Golf Corp)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes Purposes of determining the right to indemnification under this Agreement.

Appears in 5 contracts

Samples: Indemnification Agreement (Comdata Network, Inc. Of California), Indemnification Agreement (Ceridian Corp /De/), Indemnification Agreement (Ceridian Corp)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.. On Assignment, Inc. Indemnification Agreement

Appears in 5 contracts

Samples: Indemnification Agreement (On Assignment Inc), Indemnification Agreement (On Assignment Inc), Indemnification Agreement (On Assignment Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, officer, trustee, partner, member, fiduciary, employee or agent or employee of the Company or any Enterprise other than the Company shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 4 contracts

Samples: Indemnification Agreement (Houston Exploration Co), Officers' and Directors' Indemnification Agreement (Loral Space & Communications Inc.), Indemnification Agreement (Guilford Mills Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Company or any Other Enterprise shall will not be imputed to the Indemnitee for purposes of determining the right to of indemnification under this Agreement.

Appears in 4 contracts

Samples: Indemnification Agreement (Troy Group Inc), Indemnification Agreement (Rdo Equipment Co), Indemnification Agreement (Troy Group Inc)

Actions of Others. The knowledge and/or actions, or failure to ----------------- act, of any director, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 4 contracts

Samples: Indemnification Agreement (Rudolph Technologies Inc), Indemnity Agreement (Advanced Micro Devices Inc), Indemnity Agreement (Ixl Enterprises Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent employee, agent, trustee or employee fiduciary of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreementhereunder.

Appears in 4 contracts

Samples: Indemnification Agreement (Transwitch Corp /De), Indemnification Agreement (Hologic Inc), Indemnification Agreement (Aldila Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, trustee, partner, managing member, fiduciary, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement. Section 10.

Appears in 3 contracts

Samples: Indemnification Agreement (Us Concrete Inc), Indemnification Agreement (Us Concrete Inc), Indemnification Agreement for Ronnie (Us Concrete Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise Company shall not be imputed to Indemnitee for purposes of determining the right to of indemnification under this Agreement.

Appears in 3 contracts

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

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent agent, or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (Atlas Acquisition Holdings Corp.), Indemnification Agreement (Opportunity Acquisition Corp.), Indemnification Agreement (Atlas Acquisition Holdings Corp.)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee the Executive of the Enterprise shall not be imputed to Indemnitee the Executive for purposes of determining the right to indemnification under this Agreement.

Appears in 3 contracts

Samples: Executive Employment Agreement (Nabors Industries LTD), Executive Employment Agreement (Nabors Industries LTD), Executive Employment Agreement (Nabors Industries LTD)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, employee, trustee, agent or employee fiduciary of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (Endo International PLC), Indemnification Agreement (Endo International PLC), Form of Indemnification Agreement (Endo Pharmaceuticals Holdings Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise Company, any of its subsidiaries or other enterprise for which Indemnitee is serving as a director, officer, employee, agent or fiduciary at the request of the Company shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (Schiff Nutrition International, Inc.), Form of Indemnification Agreement (Schiff Nutrition International, Inc.), Indemnification Agreement (Weider Nutrition International Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee other Agent of the Company or any other Enterprise relating to the Indemnitee’s Corporate Status shall not be imputed to Indemnitee for purposes of determining the Indemnitee’s right to indemnification under this Agreement.

Appears in 3 contracts

Samples: Form of Indemnification Agreement (Carbylan Therapeutics, Inc.), Form of Indemnification Agreement (Carbylan Therapeutics, Inc.), Form of Indemnification Agreement (Acceleron Pharma Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent agent, trustee, partner, manager, member, fiduciary or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (Colgate Palmolive Co), Indemnification Agreement (Colgate Palmolive Co), Form of Indemnification Agreement (Colgate Palmolive Co)

Actions of Others. The knowledge and/or and actions, or failure to act, of any other director, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (Amn Healthcare Services Inc), Indemnification Agreement (Amn Healthcare Services Inc), Indemnification Agreement (Amn Healthcare Services Inc)

Actions of Others. The knowledge and/or actions, or failure to ----------------- act, of any other director, trustee, partner, managing member, fiduciary, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (Us Concrete Inc), Indemnity Agreement (Ebt International Inc), Indemnification Agreement (Us Concrete Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any directortrustee, officer, agent or employee of the Enterprise Company shall not be imputed to Indemnitee the Indemnitees for purposes of determining the right to indemnification under this Agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (American Community Properties Trust), Indemnification Agreement (American Community Properties Trust), Indemnification Agreement (American Community Properties Trust)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise Organization shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Td Ameritrade Holding Corp), Indemnification Agreement (Td Ameritrade Holding Corp)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise Company shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.. ARTICLE VI NON-EXCLUSIVITY, INSURANCE, SUBROGATION, PERIOD OF LIMITATIONS

Appears in 2 contracts

Samples: Indemnification Agreement (SNAP-ON Inc), Indemnification Agreement (SNAP-ON Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee Executive of the Enterprise shall not be imputed to Indemnitee the Executive for purposes of determining the right to indemnification under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Nabors Industries Inc), Employment Agreement (Nabors Industries Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, officer, trustee, partner, managing member, fiduciary, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Agway Inc), Indemnity Agreement (Sames Corp)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, trustee, partner, managing member, fiduciary, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Alliance HealthCare Services, Inc), Indemnification Agreement (Boot Barn Holdings, Inc.)

Actions of Others. The knowledge and/or actions, or failure to ----------------- act, of any other director, officer, agent or employee of the Enterprise Company shall not be imputed to the Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 2 contracts

Samples: 12 Indemnification Agreement (Primal Solutions Inc), Indemnification Agreement (Primal Solutions Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, officer, Founder, agent or employee of the Enterprise Company shall not be imputed to the Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Vitacost.com, Inc.), Indemnification Agreement (Vitacost.com, Inc.)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee the Employee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Nabors Industries Inc)

Actions of Others. The knowledge and/or and actions, or failure to act, of any director, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Paxson Communications Corp)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, fiduciary, trustee, employee or agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Santa Maria Energy Corp)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, officer, agent or employee of the Enterprise Company shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Capital Growth Systems Inc /Fl/)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise Company or a Controlled Affiliate shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Bristow Group Inc.)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent agent, or employee of the Enterprise Company or relevant enterprise shall not be imputed to the Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Henry Schein Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise Company or its Affiliates shall not be imputed to the Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (CNL Retirement Properties Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, officer, tax matters partner, employee, partner, manager, fiduciary, trustee or agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Copano Energy, L.L.C.)

Actions of Others. The knowledge and/or actions, or failure to ----------------- act, of any director, officer, agent or employee of the Enterprise Company or relevant enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Control Delivery Systems Inc/Ma

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee the Director for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Nabors Industries Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement. Section 13.

Appears in 1 contract

Samples: Execution Version Indemnification Agreement

Actions of Others. The knowledge and/or or actions, or failure to act, of any director, officer, agent agent, or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Riley Exploration - Permian, LLC)

AutoNDA by SimpleDocs

Actions of Others. The knowledge and/or and / or actions, or failure to act, of any directorOfficer, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee lndemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Officer Retainer Agreement (Kronos Advanced Technologies Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise Corporation shall not be imputed to Indemnitee the Indemnitees for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Burnham Pacific Properties Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, officer, trustee, administrator, partner, member, fiduciary, employee or agent or employee of the Company or any Enterprise other than the Company shall not be imputed to Indemnitee for purposes of determining the right to indemnification indenmification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Medivation, Inc.)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent agent, trustee, fiduciary or employee of the Enterprise Company or a subsidiary of the Company shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Genpact LTD)

Actions of Others. The knowledge and/or Neither the knowledge, actions, or failure to act, of any director, officer, agent or employee of the Enterprise Company shall not be imputed to the Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Crescent Operating Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent employee, agent, trustee or employee fiduciary of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Carpenter Technology Corp)

Actions of Others. The knowledge and/or actions, or failure to act, of any another director, officer, agent or employee of the Enterprise Company shall not be imputed to Indemnitee for purposes of determining the right rights to indemnification and advancement of Expenses under this Agreement.

Appears in 1 contract

Samples: Director Indemnification Agreement (Forward Air Corp)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise or the CEC Parties, as applicable, shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Caesars Acquisition Co)

Actions of Others. The knowledge and/or actions, or failure ----------------- to act, of any other director, officer, agent or employee of the Enterprise Company shall not be imputed to the Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Primal Solutions Inc)

Actions of Others. The knowledge and/or or actions, or failure to act, of any director, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.. Exhibit 10.2

Appears in 1 contract

Samples: Indemnification Agreement (Extraction Oil & Gas, Inc.)

Actions of Others. The knowledge and/or actions, or failure to act, of ----------------- any other director, trustee, partner, managing member, fiduciary, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Us Concrete Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise shall will not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Resmed Inc)

Actions of Others. The knowledge and/or actions, or failure ----------------- to act, of any other director, trustee, partner, managing member, fiduciary, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Us Concrete Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, officer, trustee, partner, managing member, fiduciary, employee or agent or employee of the Company or any Enterprise other than the Company shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Verint Systems Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, partner, managing member, officer, agent or employee or trustee of the Enterprise Company or relevant enterprise shall not be imputed to Indemnitee for purposes of determining the his right to indemnification under this Agreement, unless it is established that such actions or failures to act were done at the direction of the Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Pet DRx CORP)

Actions of Others. The knowledge and/or actions, or failure failures to act, of any director, officer, agent or employee of the Enterprise Company (other than Indemnitee) shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreementindemnity hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Spectrum Pharmaceuticals Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, trustee, general partner, managing member, officer, incorporator, employee, agent or employee fiduciary of the Enterprise Company shall not be imputed to Indemnitee for purposes of determining the Indemnitee’s right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Affiliated Managers Group Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, employee or agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Darling International Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise Company or a subsidiary shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Davita Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, partner, managing member, officer, agent agent, employee or employee trustee of the Enterprise shall not be imputed to the Indemnitee for purposes of determining the her right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Trump Entertainment Resorts Funding Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise Company or Special Committee shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Enstar Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent employee, agent, trustee, or employee fiduciary of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Hittite Microwave Corp)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, trustee, general partner, managing member, officer, incorporator, employee, agent or employee fiduciary of the Enterprise shall not be imputed to Indemnitee for purposes of determining the Indemnitee’s right to indemnification under this Agreement.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Alexion Pharmaceuticals Inc)

Actions of Others. The knowledge and/or or actions, or failure to act, of any director, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement. Section 12.

Appears in 1 contract

Samples: Indemnification Agreement

Actions of Others. The knowledge and/or actions, or failure to act, ----------------- of any director, officer, agent employee, agent, trustee or employee fiduciary of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreementhereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Vivid Technologies Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any ----------------- director, officer, agent or employee of the Enterprise Company shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Colonial Commercial Corp)

Actions of Others. The knowledge and/or actions, or failure to act, of any directorDirector, officerOfficer, agent employee, agent, trustee or employee fiduciary of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Contract (Consygen Inc)

Actions of Others. The knowledge and/or actions, or ----------------- failure to act, of any director, officer, agent or employee of the any Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (LTC Properties Inc)

Actions of Others. The knowledge and/or or actions, or failure to act, of any director, officer, agent or employee of the Corporation or any Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Extraction Oil & Gas, Inc.)

Actions of Others. The knowledge and/or an/or actions, or failure to act, of any director, officer, employee, agent , trustee, or employee fiduciary of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Abiomed Inc)

Actions of Others. The knowledge and/or and / or actions, or failure to act, of any directorOfficer, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Officer Retainer Agreement (Kronos Advanced Technologies Inc)

Actions of Others. The knowledge and/or actions, or failure to act, of any director, officer, agent or employee of the Enterprise Company shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.. ARTICLE VII

Appears in 1 contract

Samples: Agreements With Directors and Officers

Actions of Others. The knowledge and/or actionsknowledge, actions or failure to act, omissions of any director, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (TRW Automotive Holdings Corp)

Actions of Others. The knowledge and/or actions, or failure to act, of any other director, officer, agent or employee of the Enterprise Company shall not be imputed to the Indemnitee for purposes of determining the right to indemnification under this Agreement.. ART VIII

Appears in 1 contract

Samples: Form of Indemnification Agreement (Avery Communications Inc)

Actions of Others. The knowledge and/or or actions, or failure to act, of any director, officer, agent or employee of the Enterprise shall not be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement.. EXHIBIT 10.3

Appears in 1 contract

Samples: Indemnification Agreement (Extraction Oil & Gas, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.