Common use of APPLICATION TO DISPUTES Clause in Contracts

APPLICATION TO DISPUTES. This Section 8 applies in the event of a Dispute. For purposes of this Section, a "Dispute" means any of the following events: (i) a determination is made pursuant to Section 6 of this Agreement that the Indemnitee is not entitled to indemnification under this Agreement; (ii) advancement of Expenses is not timely made pursuant to Section 5 of this Agreement; (iii) the determination of entitlement to indemnification to be made pursuant to Section 6(b) of this Agreement has not been made within 90 days after receipt by the Company of the request for indemnification; or (iv) payment of indemnification is not made within 10 days after a determination has been made that the Indemnitee is entitled to indemnification or such determination is deemed to have been made pursuant to Section 6 of this Agreement.