Actions to Enforce this Agreement. In any action by the Indemnitee --------------------------------- to enforce this Agreement, the Company shall bear the burden of proving that any applicable standard of conduct has not been met by the Indemnitee. Neither the failure of the Company to have made the determination required pursuant to Section 6, nor any determination made pursuant to Section 6 shall create a presumption that the Indemnitee has or has not met any applicable standard of conduct.
Appears in 10 contracts
Samples: Indemnification Agreement (Inference Corp /Ca/), Indemnification Agreement (Inference Corp /Ca/), Indemnification Agreement (Inference Corp /Ca/)
Actions to Enforce this Agreement. In any action by the Indemnitee to --------------------------------- to enforce this Agreement, the Company shall bear the burden of proving that any applicable standard of conduct has not been met by the Indemnitee. Neither the failure of the Company to have made the determination required pursuant to Section 6, nor any determination made pursuant to Section 6 shall create a presumption that the Indemnitee has or has not met any applicable standard of conduct.
Appears in 3 contracts
Samples: Indemnification Agreement (Inference Corp /Ca/), Indemnification Agreement (Inference Corp /Ca/), Indemnification Agreement (Inference Corp /Ca/)
Actions to Enforce this Agreement. In any action by the Indemnitee --------------------------------- to enforce this Agreement, the Company shall bear the burden of proving that any applicable standard of conduct has not been met by the Indemnitee. Neither the failure of the Company to have made the determination required pursuant to Section 6, nor any determination made pursuant to Section 6 shall create a presumption that the Indemnitee has or has not met any applicable standard of conduct.
Appears in 2 contracts
Samples: Employment Agreement (St John Knits International Inc), Indemnification Agreement (St John Trademarks Inc)
Actions to Enforce this Agreement. In any action by the --------------------------------- Indemnitee --------------------------------- to enforce this Agreement, the Company shall bear the burden of proving that any applicable standard of conduct has not been met by the Indemnitee. Neither the failure of the Company to have made the determination required pursuant to Section 6, nor any determination made pursuant to Section 6 shall create a presumption that the Indemnitee has or has not met any applicable standard of conduct.
Appears in 1 contract
Samples: Indemnification Agreement (St John Knits International Inc)
