Claims for Indemnification or Expenses. If a claim under either A or B above is not paid in full by Company within sixty (60) days after Company receives a written claim, except in the case of a claim for an advancement of expenses, in which case the applicable period shall be 20 days, Executive may at any time thereafter bring suit against Company to recover the unpaid amount of the claim. If successful in whole or in part in any such suit, Executive shall be entitled to be paid also the expense of prosecuting or defending such suit. In any suit brought by the Executive to enforce a right to indemnification or to an advancement of expenses hereunder, or brought by Company to recover an advancement of expenses pursuant to the terms of an undertaking, the burden of proving that Executive is not entitled to be indemnified, or to such advancement of expenses, shall be on Company.
Appears in 5 contracts
Samples: Executive Employment Agreement (Energy Quest Inc.), Executive Employment Agreement (Innovative Energy Solutions, Inc.), Executive Employment Agreement (Innovative Energy Solutions, Inc.)
Claims for Indemnification or Expenses. If a claim under either A (a) or B (b) above is not paid in full by Company within sixty (60) 60 days after Company receives a written claim, except in the case of a claim for an advancement of expenses, in which case the applicable period shall be is 20 days, Executive Employee may at any time thereafter bring suit against Company to recover the unpaid amount of the claim. If successful in whole or in part in any such suit, Executive shall be Employee is entitled to be paid also the expense of prosecuting or defending such suit. In any suit brought by the Executive Employee to enforce a right to indemnification or to an advancement of expenses hereunder, or brought by Company to recover an advancement of expenses pursuant to the terms of an undertakingexpenses, the burden of proving that Executive Employee is not entitled to be indemnified, or to such advancement of expenses, shall be is on Company.
Appears in 2 contracts
Samples: Employment Agreement (Cerprobe Corp), Employment Agreement (Cerprobe Corp)
Claims for Indemnification or Expenses. If a claim under either A (a) or B (b) above is not paid in full by Company within sixty (60) 60 days after Company receives a written claim, except in the case of a claim for an advancement of expenses, in which case the applicable period shall be 20 days, Executive may at any time thereafter bring suit against Company to recover the unpaid amount of the claim. If successful in whole or in part in any such suit, Executive shall be entitled to be paid also the expense of prosecuting or defending such suit. In any suit brought by the Executive to enforce a right to indemnification or to an advancement of expenses hereunder, or brought by Company to recover an advancement of expenses pursuant to the terms of an undertaking, the burden of proving that Executive is not entitled to be indemnified, or to such advancement of expenses, shall be on Company.
Appears in 2 contracts
Samples: Executive Employment Agreement (Echo Automotive, Inc.), Executive Employment Agreement (Echo Automotive, Inc.)