Additional Indemnification Rights Nonexclusivity. the Company hereby agrees to indemnify the Indemnitee to the fullest extent permitted by law, notwithstanding that such indemnification is not specifically authorized by the other provisions of this Agreement, the Company's Certificate of Incorporation, the Company's Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Delaware corporation to indemnify a member of its board of directors or an officer, employee, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Delaware corporation to indemnify a member of its board of directors or an officer, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties' rights and obligations hereunder except as set forth in Section 10(a) hereof.
Appears in 11 contracts
Samples: Indemnification Agreement (E Loan Inc), Indemnification Agreement (E Loan Inc), Indemnification Agreement (E Loan Inc)
Additional Indemnification Rights Nonexclusivity. the (a) Scope. The Company hereby agrees to indemnify the Indemnitee to the fullest extent permitted by law, notwithstanding that such indemnification is not specifically authorized by the other provisions of this Agreement, the Company's Certificate of Incorporation, the Company's Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Delaware corporation to indemnify a member of its board Board of directors Directors or an officer, employee, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Delaware corporation to indemnify a member of its board Board of directors Directors or an officer, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties' rights and obligations hereunder except as set forth in Section 10(a8(a) hereof.
Appears in 4 contracts
Samples: Indemnification Agreement (Extensity Inc), Indemnification Agreement (Va Linux Systems Inc), Indemnification Agreement (E Piphany Inc)
Additional Indemnification Rights Nonexclusivity. the The Company hereby agrees to indemnify the Indemnitee to the fullest extent permitted by law, notwithstanding that such indemnification is not specifically authorized by the other provisions of this Agreement, the Company's Certificate of Incorporation, the Company's Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Delaware corporation to indemnify a member of its board of directors or an officer, employee, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Delaware corporation to indemnify a member of its board of directors or an officer, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties' rights and obligations hereunder except as set forth in Section 10(a) hereof.
Appears in 2 contracts
Samples: Indemnification Agreement (Digital Video Systems Inc), Indemnification Agreement (Pharmacyclics Inc)
Additional Indemnification Rights Nonexclusivity. Notwithstanding any other provision of this Agreement, the Company hereby agrees to indemnify the Indemnitee to the fullest extent permitted by law, notwithstanding that such indemnification is not specifically authorized by the other provisions of this Agreement, the Company's Certificate of Incorporation, the Company's Bylaws or by statute. In the event of any change change, after the date of this Agreement Agreement, in any applicable law, statute statute, or rule which expands the right of a Delaware corporation to indemnify a member of its board of directors or an officerdirectors, employeesuch changes shall be, agent or fiduciaryipso facto, it is within the intent purview of the parties hereto that Indemnitee shall enjoy by Indemnitee's rights and Company's obligations, under this Agreement the greater benefits afforded by such changeAgreement. In the event of any change in any applicable law, statute or rule which narrows the right of a Delaware corporation to indemnify a member of its board of directors or an officer, employee, agent or fiduciarydirectors, such changechanges, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, Agreement shall have no effect on this Agreement or the parties' rights and obligations hereunder except as set forth in Section 10(a) hereofhereunder.
Appears in 1 contract
Samples: Independent Director Indemnification Agreement (Arlington Hospitality Inc)
Additional Indemnification Rights Nonexclusivity. (a) Notwithstanding any other provision of this Agreement, the Company hereby agrees to indemnify the Indemnitee to the fullest extent permitted by law, notwithstanding that such indemnification is not specifically authorized by the other provisions of this Agreement, the Company's Certificate ’s Articles of Incorporation, the Company's Incorporation or Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Delaware corporation to indemnify a member of its board of directors or an officer, employee, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Delaware California corporation to indemnify a member of its board of directors or an officer, employee, agent or fiduciary, such changechanges, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties' ’ rights and obligations hereunder except hereunder.
(b) The provisions for indemnification and advancement of Expenses contained in this Agreement shall not be deemed exclusive of any other rights which the Indemnitee may have under any provision of law, the Company’s Articles of Incorporation or Bylaws, any vote of shareholders or disinterested directors or other agreements, both as set forth to action in Section 10(a) hereofthe Indemnitee’s official capacity and as to action in another capacity while occupying his position as an Agent of the Company, to the extent the additional rights to indemnification are authorized in the Company’s Articles of Incorporation.
Appears in 1 contract
Samples: Indemnification Agreement (Ixia)
Additional Indemnification Rights Nonexclusivity. (a) Scope Notwithstanding any other provision of this Agreement, the Company hereby agrees to indemnify the Indemnitee to the fullest extent permitted by law, notwithstanding that such indemnification is not specifically authorized by the other provisions of this Agreement, the Company's ’s Certificate of Incorporation, the Company's ’s Bylaws or by statute. In the event of any change change, after the date of this Agreement Agreement, in any applicable law, statute statute, or rule which expands the right of a Delaware corporation to indemnify a member of its board of directors or an officer, employeesuch changes shall be, agent or fiduciaryipso facto, it is within the intent purview of the parties hereto that Indemnitee shall enjoy by Indemnitee’s rights and Company’s obligations, under this Agreement the greater benefits afforded by such changeAgreement. In the event of any change in any applicable law, statute or rule which narrows the right of a Delaware corporation to indemnify a member of its board of directors or an officer, employee, agent or fiduciary, such changechanges, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, Agreement shall have no effect on this Agreement or the parties' ’ rights and obligations hereunder except as set forth in Section 10(a) hereofhereunder.
Appears in 1 contract
Additional Indemnification Rights Nonexclusivity. (a) Scope. Notwithstanding any other provision of this Agreement, the ----- Company hereby agrees to indemnify the Indemnitee to the fullest extent permitted by law, notwithstanding that such indemnification is not specifically authorized by the other provisions of this Agreement, the Company's Certificate of Incorporation, the Company's Bylaws or by statute. In the event of any change change, after the date of this Agreement Agreement, in any applicable law, statute or rule which expands the right of a Delaware corporation to indemnify a member of its board of directors or an officer, employeesuch changes shall be, agent or fiduciaryipso facto, it is within the intent purview of the parties hereto that Indemnitee shall enjoy by Indemnitee's rights and Company's obligations, under this Agreement the greater benefits afforded by such changeAgreement. In the event of any change in any applicable law, statute or rule which narrows the right of a Delaware corporation to indemnify a member of its board Board of directors Directors or an officer, employee, agent or fiduciary, such changechanges, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, Agreement shall have no effect on this Agreement or the parties' , rights and obligations hereunder except as set forth in Section 10(a) hereofhereunder.
Appears in 1 contract
Additional Indemnification Rights Nonexclusivity. the The Company hereby agrees to indemnify the Indemnitee to the fullest extent permitted by law, notwithstanding that such indemnification is not specifically authorized by the other provisions of this Agreement, the Company's ’s Certificate of Incorporation, the Company's ’s Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Delaware Colorado corporation to indemnify a member of its board Board of directors Directors or an officer, employee, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Delaware Colorado corporation to indemnify a member of its board Board of directors Directors or an officer, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties' ’ rights and obligations hereunder except as set forth in Section 10(a8(a) hereof.
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