Burdens of Proof and Persuasion. In any judicial proceeding brought under Section 2(f) above, the Company shall have the burden of proof and the burden of persuasion to establish, by clear and convincing evidence, that the Indemnitee is not entitled to the indemnification or Expense Advance provided pursuant to this Agreement.
Appears in 4 contracts
Samples: Indemnification Agreement (Independence Realty Trust, Inc.), Indemnification Agreement (Sito Mobile, Ltd.), Indemnification Agreement (CardConnect Corp.)
Burdens of Proof and Persuasion. In any judicial proceeding brought under Section 2(f) above, the Company shall have the burden of proof and the burden of persuasion to establish, by clear and convincing evidence, that the Indemnitee is not entitled to the indemnification or Expense Advance provided pursuant to this Agreement.
Appears in 4 contracts
Samples: Indemnification Agreement (Magnera Corp), Indemnification & Liability (Raymond James Financial Inc), Director and Officer Indemnification Agreement (Alaska Communications Systems Group Inc)
Burdens of Proof and Persuasion. In any judicial proceeding brought under Section 2(f) above, the Company shall have the burden of proof and the burden of persuasion to establish, by clear and convincing evidence, that the Indemnitee is not entitled to the indemnification or Expense Advance provided pursuant to this Agreementhereunder.
Appears in 3 contracts
Samples: Indemnification Agreement (Financial Institutions Inc), Indemnification Agreement (Financial Institutions Inc), Indemnification Agreement (Support.com, Inc.)
