Common use of Application for Enforcement Clause in Contracts

Application for Enforcement. In the event the Company fails to make timely payments as set forth in this Agreement, the Indemnitee shall have the right to apply to any court of competent jurisdiction for the purpose of enforcing the Indemnitee’s right to indemnification or advancement of expenses pursuant to this Agreement. In such an enforcement hearing or proceeding, the burden of proof shall be on the Company to prove that indemnification or advancement of expenses to the Indemnitee is not required under this Agreement or permitted by applicable law. Any determination by the Reviewing Party that the Indemnitee is not entitled to indemnification hereunder, shall not be a defense by the Company to the action nor create any presumption that the Indemnitee is not entitled to indemnification or advancement of expenses hereunder.

Application for Enforcement. In the event the Company fails to make timely payments as set forth in this AgreementSection 6 or Section 7(b) above, the Indemnitee shall have the right to apply to any court of competent jurisdiction for the purpose of enforcing the Indemnitee’s right to indemnification or advancement of expenses pursuant to this Agreement. In such an enforcement hearing or proceeding, the burden of proof shall be on the Company to prove that indemnification or advancement of expenses to the Indemnitee is not required under this Agreement or the Company’s Certificate of Incorporation or Bylaws or permitted by applicable law. Any determination by the Reviewing Party Company (including the Board, stockholders or independent counsel) that the Indemnitee is not entitled to indemnification hereunder, shall not be a defense by the Company to the action nor create any presumption that the Indemnitee is not entitled to indemnification or advancement of expenses hereunder.

Application for Enforcement. In the event the Company fails to make timely payments as set forth in this Agreement, the Indemnitee shall have the right to apply to any court of competent jurisdiction for the purpose of enforcing the Indemnitee’s right to indemnification or advancement of expenses pursuant to this Agreement. In such an enforcement hearing or proceeding, the burden of proof shall be on the Company to prove that indemnification or advancement of expenses to the Indemnitee is not required under this Agreement or permitted by applicable law. Any determination by the Reviewing Party that the Indemnitee is not entitled to indemnification hereunder, hereunder shall not be a defense by the Company to the action nor create any presumption that the Indemnitee is not entitled to indemnification or advancement of expenses hereunder.

Application for Enforcement. In the event the Company fails to make timely payments as set forth in this Agreement, the an Indemnitee shall have the right to apply to any court of competent jurisdiction for the purpose of enforcing the such Indemnitee’s right to indemnification or advancement of expenses pursuant to this Agreement. In such an enforcement hearing or proceeding, the burden of proof shall be on the Company to prove that indemnification or advancement of expenses to the such Indemnitee is not required under this Agreement or permitted by applicable law. Any determination by the Reviewing Party that the an Indemnitee is not entitled to indemnification hereunder, hereunder shall not be a defense by the Company to the action nor create any presumption that the such Indemnitee is not entitled to indemnification or advancement of expenses hereunder.