Burden of Proof and Presumptions. Upon making a request for indemnification, Indemnitee shall be presumed to be entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome that presumption in reaching any contrary determination.
Appears in 33 contracts
Samples: Independent Director Agreement (Toppoint Holdings Inc.), Independent Director Agreement (Toppoint Holdings Inc.), Indemnification Agreement (Toppoint Holdings Inc.)
Burden of Proof and Presumptions. Upon making a request for indemnification, the Indemnitee shall be presumed to be entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome that presumption in reaching any contrary determination.
Appears in 2 contracts
Samples: Indemnification Agreement (Smart for Life, Inc.), Indemnification Agreement (Smart for Life, Inc.)
