Appeal to Court. Notwithstanding a determination by a Reviewing Party chosen pursuant to Section 4(c) that Indemnitee is not entitled to indemnification with respect to a specific Claim or Proceeding (an “Adverse Determination”), Indemnitee shall have the right to apply to the court in which that Claim or Proceeding is or was pending or any other court of competent jurisdiction for the purpose of enforcing Indemnitee’s right to indemnification pursuant to this Agreement, provided that Indemnitee shall commence any such Proceeding seeking to enforce Indemnitee’s right to indemnification within one (1) year following the date upon which Indemnitee is notified in writing by the Company of the Adverse Determination. In the event of any dispute between the parties concerning their respective rights and obligations hereunder, the Company shall have the burden of proving that the Company is not obligated to make the payment or advance claimed by Indemnitee.
Appeal to Court. Notwithstanding a determination by any forum listed in Section 7(c) above that Indemnitee is not entitled to indemnification with respect to a specific Proceeding, Indemnitee shall have the right to apply to the court in which that Proceeding is or was pending or any other court of competent jurisdiction for the purpose of enforcing Indemnitee’s right to indemnification pursuant to this Agreement.
Appeal to Court. Notwithstanding a determination by a Reviewing Party chosen pursuant to Section 4(c) that Indemnitees is not entitled to indemnification with respect to a specific Claim or Proceeding (an “Adverse Determination”), Indemnitees shall have the right to apply to the Court of Chancery of Delaware, the court in which that Claim or Proceeding is or was pending or any other court of competent jurisdiction for the purpose of enforcing Indemnitees’ right to indemnification pursuant to this Agreement, provided that Indemnitees shall commence any such Proceeding seeking to enforce Indemnitees’ right to indemnification within two (2) years following the date upon which Indemnitees is notified in writing by the General Partner of the Adverse Determination. In the event of any dispute between the parties concerning their respective rights and obligations hereunder, the General Partner shall have the burden of proving by clear and convincing evidence that the General Partner and the Partnership are not obligated to make the payment or advance claimed by Indemnitees.
Appeal to Court. Notwithstanding a determination by a Reviewing Party that Indemnitee is not entitled to indemnification with respect to a specific Claim or Proceeding (an “Adverse Determination”), Indemnitee shall have the right to apply to the court in which that Claim or Proceeding is or was pending or any other court of competent jurisdiction for the purpose of enforcing Indemnitee’s right to indemnification pursuant to this Agreement, provided that Indemnitee shall commence any such Proceeding seeking to enforce Indemnitee’s right to indemnification within one (1) year following the date upon which Indemnitee is notified in writing by the Trust of the Adverse Determination. In the event of any dispute between the parties concerning their respective rights and obligations hereunder, the Trust shall have the burden of proving that the Trust is not obligated to make the payment or advance claimed by Indemnitee.
Appeal to Court. Notwithstanding a determination by a Reviewing Party chosen pursuant to Section 2(c) that Indemnitee is not entitled to indemnification with respect to a specific Claim or Proceeding (an “Adverse Determination”), subject to Company’s right to reimbursement for Excluded Claims, Indemnitee shall have the right to apply to the court in which that Claim or Proceeding is or was pending or any other court of competent jurisdiction for the purpose of enforcing Indemnitee’s right to indemnification pursuant to this Agreement, provided that Indemnitee shall commence any such Proceeding seeking to enforce Indemnitee’s right to indemnification within one (1) year following the date upon which Indemnitee is notified in writing by the Company or EMJ of the Adverse Determination. In the event of any dispute between the parties concerning their respective rights and obligations hereunder, the Company and/or EMJ shall have the burden of proving that the Company and/or EMJ is not obligated to make the payment or advance claimed by Indemnitee.
Appeal to Court. Notwithstanding a determination by any forum listed in SECTION 7(C) above that Indemnitee is not entitled to Indemnification with respect to a specific Proceeding, the Indemnitee shall have the right to apply to the court in which that Proceeding is or was pending or any other court of competent jurisdiction for the purpose of enforcing the Indemnitee's right to indemnification pursuant to this Agreement. In the event of any dispute between the parties concerning their respective rights and obligations hereunder, the Company shall have the burden of proving that the Company is not obligated to make the payment or advance claimed by Indemnitee.
Appeal to Court. The aggrieved Bidder or Offeror may appeal the written decision of the Chief Procurement Officer to the Circuit Court for Xxxxxxxxxx County or the Circuit Court for Prince Xxxxxx’s County under the Maryland rules governing administrative mandamus actions.
Appeal to Court a. The award of the arbitrator or arbitration board may be appealed to the Courts by the Complainant or Respondent within thirty (30) calendar days of receiving the award, on a question of law, question of fact or on a question of mixed fact and law. AMENDMENT
Appeal to Court. If none of the preceding provisions concerning appealing or contesting an arbitrator’s decision before FERC, a Canadian Regulatory Authority, or a Mexican Regulatory Authority apply to an arbitrated dispute, any party to an arbitrator’s decision rendered in accordance with the provisions of Sections C.6 and
