Common use of Claims for Indemnification or Expenses Clause in Contracts

Claims for Indemnification or Expenses. If a claim under either A or B above is not paid in full by Cerprobe within 60 days after Cerprobe 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 Cerprobe 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 Cerprobe 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 Cerprobe.

Claims for Indemnification or Expenses. If a claim under either A or B above is not paid in full by Cerprobe within 60 days after Cerprobe 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 Cerprobe 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 Cerprobe to recover an advancement of expenses pursuant to the terms of an 12 13 undertaking, the burden of proving that Executive is not entitled to be indemnified, or to such advancement of expenses, shall be on Cerprobe.