Additional Indemnity. Subject only to the exclusions set forth in -------------------- Sections 3 and 6(c) hereof, the Company hereby further agrees to hold harmless and indemnify Indemnitee: (a) against any and all expenses (including attorneys' fees), witness fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by Indemnitee in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action by or in the right of the Company) to which Indemnitee is, was or at any time becomes a party, or is threatened to be made a party, by reason of the fact that Indemnitee is, was or at any time becomes a director, officer, employee or agent of the Company or any subsidiary of the Company, or is or was serving or at any time serves at the request of the Company as a director, officer, employee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise; and (b) otherwise to the fullest extent as may be provided to Indemnitee by the Company under the non-exclusivity provisions of Article VII, Section 6 of the Bylaws of the Company and the Code.
Appears in 7 contracts
Samples: Indemnification Agreement (Viador Inc), Indemnification Agreement (Digital Island Inc), Indemnification Agreement (Divicore Inc)
Additional Indemnity. Subject only to the exclusions set forth in -------------------- Sections 3 and 6(c) hereof, the Company hereby further agrees to hold harmless and indemnify Indemnitee:
(a) against any and all expenses (including attorneys' fees), witness fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by Indemnitee in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action by or in the right of the Company) to which Indemnitee is, was or at any time becomes a party, or is threatened to be made a party, by reason of the fact that Indemnitee is, was or at any time becomes a director, officer, employee or agent of the Company or any subsidiary of the Company, or is or was serving or at any time serves at the request of the Company as a director, officer, employee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise; and
(b) otherwise to the fullest extent as may be provided to Indemnitee by the Company under the non-exclusivity provisions of Article VII, Section 6 of the Bylaws of the Company and the Code.
Appears in 5 contracts
Samples: Indemnification Agreement (Wireless Inc), Indemnification Agreement (Large Scale Biology Corp), Indemnification Agreement (Versata Inc)
Additional Indemnity. Subject only to the exclusions set forth -------------------- in -------------------- Sections 3 and 6(c) hereof, the Company hereby further agrees to hold harmless and indemnify Indemnitee:
(a) against any and all expenses (including attorneys' fees), witness fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by Indemnitee in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action by or in the right of the Company) to which Indemnitee is, was or at any time becomes a party, or is threatened to be made a party, by reason of the fact that Indemnitee is, was or at any time becomes a director, officer, employee or agent of the Company or any subsidiary of the Company, or is or was serving or at any time serves at the request of the Company as a director, officer, employee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise; and
(b) otherwise to the fullest extent as may be provided to Indemnitee by the Company under the non-exclusivity provisions of Article VII, Section 6 of the Bylaws of the Company and the Code.
Appears in 4 contracts
Samples: Indemnification Agreement (Artest Corp), Indemnification Agreement (Kana Communications Inc), Indemnification Agreement (Iasiaworks Inc)
Additional Indemnity. Subject only to the exclusions limitations set forth in -------------------- Sections Section 3 and 6(c) hereof, the Company hereby further agrees to hold harmless and indemnify the Indemnitee:
(a) against any and all expenses (including attorneys' ’ fees), witness fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by the Indemnitee in connection with any threatened, pending or completed action, suit claim, suit, arbitration, alternative dispute resolution mechanism, investigation or any other proceeding, whether civil, criminal, administrative or investigative (including any appeal therefrom and including an action by or in the right of the Company) to which the Indemnitee is, was or at any time becomes a party, or is threatened to be made a party, by reason of the fact that the Indemnitee is, was or at any time becomes a director, officer, employee or agent of the Company or any subsidiary of the Company, or is or was serving or at any time serves at the request of the Company as a director, officer, employee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterpriseenterprise (collectively, a “Proceeding”); and
(b) otherwise to the fullest extent as may be provided to the Indemnitee by the Company under the non-exclusivity provisions Company’s Memorandum and Articles of Article VII, Section 6 Association (as amended from time to time) and the Companies Law of the Bylaws of the Company and the CodeCayman Islands (as amended from time to time).
Appears in 4 contracts
Samples: Indemnification Agreement (Ucommune International LTD), Indemnification Agreement (Ucommune Group Holdings LTD), Indemnification Agreement (Luckin Coffee Inc.)
Additional Indemnity. Subject only to the exclusions limitations set forth in -------------------- Sections Section 3 and 6(c) hereof, the Company hereby further agrees to hold harmless and indemnify Indemnitee:
(a) against any and all expenses (including attorneys' fees), witness fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by Indemnitee in connection with any threatened, pending or completed action, suit claim, suit, arbitration, alternative dispute resolution mechanism, investigation, or any other proceeding, whether civil, criminal, administrative or investigative (including any appeal therefrom and including an action by or in the right of the Company) to which Indemnitee is, was was, or at any time becomes a party, or is threatened to be made a party, by reason of the fact that Indemnitee is, was was, or at any time becomes a director, officer, employee or agent of the Company or any subsidiary of the Company, or is or was serving or at any time serves at the request of the Company as a director, officer, employee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterpriseenterprise (collectively, a "PROCEEDING"); and
(b) otherwise to the fullest extent as may be provided to Indemnitee by the Company under the non-exclusivity provisions Articles of Article VII, Section 6 of the Bylaws Incorporation of the Company and the Code.
Appears in 3 contracts
Samples: Indemnification Agreement (Drugabuse Sciences Inc), Indemnification Agreement (Simple Technology Inc), Indemnification Agreement (Kinzan Inc)
Additional Indemnity. Subject only to the exclusions set forth in -------------------- Sections Section 3 and 6(c) hereof, the Company hereby further agrees to hold harmless and indemnify Indemnitee:
(a) against Against any and all expenses (including attorneys' fees), witness feescosts, judgments, fines (which term, whenever used in this Agreement, includes, without limitation, excise taxes), and amounts paid in settlement actually and reasonably incurred by Indemnitee in connection with the defense or settlement of any threatened, pending pending, or completed action, suit suit, or proceeding, whether civil, criminal, administrative administrative, or investigative (including an action by or in the right of the Company) to which Indemnitee is, was was, or at any time becomes a party, witness or deponent or is threatened to be made a party, witness or deponent by reason of the fact that Indemnitee is, was was, or at any time becomes a director, officer, employee employee, or agent of the Company or any subsidiary of the Company, or is or was serving or at any time serves at the request of the Company as a director, officer, employee employee, trustee or agent of another corporation, partnership, limited liability company, joint venture, trust, employee benefit plan or other enterprise; and
(b) otherwise Otherwise to the fullest extent as may be provided to Indemnitee by the Company under the non-exclusivity exclusive provisions of Article VII, Section 6 of the Bylaws of the Company and the CodeLaw.
Appears in 2 contracts
Samples: Indemnification Agreement (Z Tel Technologies Inc), Indemnification Agreement (Skypath Networks Inc)
Additional Indemnity. Subject only to the exclusions set forth in -------------------- Sections 3 and 6(c) hereof, the Company hereby further agrees to hold harmless and indemnify Indemnitee:
(a) against any and all expenses (including attorneys' fees), witness fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by Indemnitee in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action by or in the right of the Company) to which Indemnitee is, was or at any time becomes a party, or is threatened to be made a party, by reason of the fact that Indemnitee is, was or at any time becomes a director, officer, employee or agent of the Company or any subsidiary of the Company, or is or was serving or at any time serves at the request of the Company as a director, officer, employee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise; and
(b) otherwise to the fullest extent as may be provided to Indemnitee by the Company under the non-exclusivity provisions of Article VII, Section 6 5 of the Bylaws of the Company and the Code.
Appears in 1 contract
Additional Indemnity. Subject only to the exclusions limitations set forth in -------------------- Sections Section 3 hereof and 6(c) hereofspecific limitations on indemnity in the Code, the Company Corporation hereby further agrees to hold harmless and indemnify Indemnitee:
(a) against any and all expenses (including attorneys' fees), witness fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by Indemnitee in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action by or in the right of the CompanyCorporation) to which Indemnitee is, was or at any time becomes a party, or is threatened to be made a party, by reason of the fact that Indemnitee is, was or at any time becomes a director, officer, employee or agent of the Company or any subsidiary of the CompanyCorporation, or is or was serving or at any time serves at the request of the Company Corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise; and
(b) otherwise to the fullest extent as may be provided to Indemnitee by the Company Corporation under the non-exclusivity provisions Amended and Restated Articles of Article VII, Section 6 of the Incorporation and Bylaws of the Company Corporation and the Code.
Appears in 1 contract
Additional Indemnity. Subject only to the exclusions set forth in -------------------- Sections 3 and 6(c) hereof, the Company hereby further agrees to hold harmless and indemnify Indemnitee:
(a) against Against any and all expenses (including attorneys' fees), witness fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by Indemnitee in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action by or in the right of the Company) to which Indemnitee is, was or at any time becomes a party, or is threatened to be made a party, by reason of the fact that Indemnitee is, was or at any time becomes a director, officer, employee or agent of the Company or any subsidiary of the Company, or is or was serving or at any time serves at the request of the Company as a director, officer, employee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise; and
(b) otherwise Otherwise to the fullest extent as may be provided to Indemnitee by the Company under the non-exclusivity provisions of Article VII, Section 6 of the Bylaws of the Company Company, the Certificate of Incorporation and the CodeDGCL.
Appears in 1 contract
Samples: Indemnification Agreement (SCC Communications Corp)
Additional Indemnity. Subject only to the exclusions set forth -------------------- in -------------------- Sections 3 and 6(c) hereof, the Company hereby further agrees to hold harmless and indemnify Indemnitee:
(a) against any and all expenses (including attorneys' fees), witness fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by Indemnitee in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action by or in the right of the Company) to which Indemnitee is, was or at any time becomes a party, or is threatened to be made a party, by reason of the fact that Indemnitee is, was or at any time becomes a director, officer, employee or agent of the Company or any subsidiary of the Company, or is or was serving or at any time serves at the request of the Company as a director, officer, employee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise; and
(b) otherwise to the fullest extent as may be provided to Indemnitee by the Company under the non-exclusivity provisions of Article VIIV, Section 6 of the Bylaws of the Company and the Code.
Appears in 1 contract
Additional Indemnity. Subject only to the exclusions set forth -------------------- in -------------------- Sections 3 and 6(c) hereof, the Company hereby further agrees to hold harmless and indemnify Indemnitee:
(a) against any and all expenses (including attorneys' fees), witness fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by Indemnitee in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action by or in the right of the Company) to which Indemnitee is, was or at any time becomes a party, or is threatened to be made a party, by reason of the fact that Indemnitee is, was or at any time becomes a director, officer, employee or agent director of the Company or any subsidiary of the Company, or is or was serving or at any time serves at the request of the Company as a director, officer, employee or agent director of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise; and
(b) otherwise to the fullest extent as may be provided to Indemnitee by the Company under the non-exclusivity provisions of Article VII, Section 6 of the Bylaws of the Company and the Code.
Appears in 1 contract
Additional Indemnity. Subject only to the exclusions set forth in -------------------- Sections Section 3 and 6(c) hereof, the Company hereby further agrees to hold harmless and indemnify Indemnitee:
(a) against Against any and all expenses (including attorneys' fees), witness feescosts, judgments, fines fines, and amounts paid in settlement actually and reasonably incurred by Indemnitee in connection with the defense or settlement of any threatenedthreatened pending, pending or completed action, suit suit, or proceeding, whether civil, criminal, administrative administrative, or investigative (including an action by or in the right of the Company) to which the Indemnitee is, was was, or at any time becomes a party, witness or deponent or is threatened to be made a party, witness or deponent by reason of the fact that Indemnitee is, was was, or at any time becomes a director, officer, employee Executive, or agent of the Company or any subsidiary of the Company, or is or was serving or at any time serves at the request of the Company as a director, officer, employee Executive, or agent of another corporation, partnership, limited liability company, joint venture, trust, employee benefit plan trusts or other enterprise; and
(b) otherwise Otherwise to the fullest extent as may be provided to Indemnitee by the Company under the non-exclusivity provisions of Article VII, Section 6 of the Bylaws of the Company and the Code.Act
Appears in 1 contract
Additional Indemnity. Subject only to the exclusions set forth in -------------------- Sections 3 and 6(c) hereof, the Company hereby further agrees to hold harmless and indemnify Indemnitee:
(a) against any and all expenses (including attorneys' fees), witness fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by Indemnitee in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action by or in the right of the Company) to which Indemnitee is, was or at any time becomes a party, or is threatened to be made a party, by reason of the fact that Indemnitee is, was or at any time becomes a director, officer, employee or agent of the Company or any subsidiary of the Company, or is or was serving or at any time serves at the request of the Company as a director, officer, employee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise; and
(b) otherwise to the fullest extent as may be provided to Indemnitee by the Company under the non-exclusivity provisions of Article VII, Section 6 of the Bylaws of the Company and the Code.
Appears in 1 contract
Additional Indemnity. Subject only to the exclusions set forth in -------------------- Sections 3 and 6(c) hereof, the Company hereby further agrees to hold harmless and indemnify Indemnitee:
(a) against Against any and all expenses (including attorneys' fees), witness fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by Indemnitee in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action by or in the right of the Company) to which Indemnitee is, was or at any time becomes a party, or is threatened to be made a party, by reason of the fact that Indemnitee is, was or at any time becomes a director, officer, employee or agent of the Company or any subsidiary of the Company, or is or was serving or at any time serves at the request of the Company as a director, officer, employee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise; and
(b) otherwise Otherwise to the fullest extent as may be provided to Indemnitee by the Company under the non-exclusivity provisions of Article VII, Section 6 of the Bylaws of the Company Company, the Certificate of Incorporation and the CodeDGCL.
Appears in 1 contract
Additional Indemnity. Subject only to the exclusions set forth in -------------------- Sections 3 and 6(c) hereof, the Company hereby further agrees to hold harmless and indemnify Indemnitee:
(a) against any and all expenses (including attorneys' fees), witness fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by Indemnitee in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action by or in the right of the Company) to which Indemnitee is, was or at any time becomes a party, or is threatened to be made a party, by reason of the fact that Indemnitee is, was or at any time becomes a director, officer, employee or agent of the Company or any subsidiary of the Company, or is or was serving or at any time serves at the request of the Company as a director, officer, employee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise; and
(b) otherwise to the fullest extent as may be provided to Indemnitee by the Company under the non-exclusivity provisions of Article VII__, Section 6 __ of the Bylaws of the Company and the Code.
Appears in 1 contract
Samples: Indemnification Agreement (Computer Access Technology Corp)