Common use of Claims Initiated by Indemnitee Clause in Contracts

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 26 contracts

Samples: Indemnification Agreement (Unified Grocers, Inc.), Indemnification Agreement (Mission Community Bancorp), Indemnification Agreement (Pacific Mercantile Bancorp)

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Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 the Chapter 78 of the California General Corporation LawNevada Revised Statutes, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; orfinds it to be appropriate;

Appears in 17 contracts

Samples: Indemnification Agreement (Applied BioSciences Corp.), Indemnification Agreement (Applied BioSciences Corp.), Employment Agreement (Loop Industries, Inc.)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims (except counter-claims or cross-claims) initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of by the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company Bank in specific cases if the Board of Directors has approved the initiation or bringing of such suitfinds it to be appropriate; or

Appears in 13 contracts

Samples: Indemnification Agreement (Ucbh Holdings Inc), Indemnification Agreement (Ucbh Holdings Inc), Indemnification Agreement (Ucbh Holdings Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; orfinds it to be appropriate;

Appears in 7 contracts

Samples: Indemnification Agreement (Landec Corp \Ca\), Indemnification Agreement (Laserscope), Indemnification Agreement (Mendocino Brewing Co Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings or claims initiated or brought to establish enforce this Agreement or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation LawLaw or under any other statute or law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 6 contracts

Samples: Indemnification Agreement (Tekelec), Indemnification Agreement (Sonicwall Inc), Indemnification Agreement (Hytek Microsystems Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 5 contracts

Samples: Indemnification Agreement (Pinnacle Systems Inc), Indemnification Agreement (Digital Impact Inc /De/), Indemnification Agreement (Aehr Test Systems)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation LawCorporations Code, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or;

Appears in 5 contracts

Samples: Indemnification Agreement (Sonomawest Holdings Inc), Indemnification Agreement (Sonomawest Holdings Inc), Indemnification Agreement (Sonomawest Holdings Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses Expenses to Indemnitee with respect to proceedings or claims any Proceeding initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings Proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses Expenses may be provided by the Company in specific cases if the Company’s Board of Directors has approved the initiation or bringing of such suitProceeding; or

Appears in 5 contracts

Samples: Indemnification Agreement (Lineage Cell Therapeutics, Inc.), Indemnification Agreement (Majesco), Indemnification Agreement (Yuma Energy, Inc.)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California Nevada General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 5 contracts

Samples: Indemnification Agreement (Black Ridge Oil & Gas, Inc.), Indemnification Agreement (Black Ridge Oil & Gas, Inc.), Indemnification Agreement (Calbatech Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses Expenses to the Indemnitee with respect to proceedings Proceedings or claims initiated or brought voluntarily by the Indemnitee and not by way of defense, except with respect to proceedings Proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 78.7502 of the California General Corporation LawNevada Revised Statutes, but such indemnification or advancement of expenses Expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or;

Appears in 4 contracts

Samples: Indemnification Agreement (Home System), Indemnification Agreement (Home System), Indemnification Agreement (Home System)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or.

Appears in 4 contracts

Samples: Indemnification Agreement (Impresse Corp), Indemnification Agreement (Webvan Group Inc), Indemnification Agreement (Netro Corp)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or as otherwise as required under Section 317 the Corporations Code of the California General Corporation LawCalifornia, but such indemnification or advancement of expenses may be provided by the Company Corporation in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 3 contracts

Samples: Employment Agreement (Guitar Center Inc), Employment Agreement (Guitar Center Inc), Employment Agreement (Guitar Center Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims (except counter-claims or cross-claims) initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of by the California General Corporation LawCorporations Code, but such indemnification or advancement of expenses may be by provided by the Company Association in specific cases if the Board of Directors has approved the initiation or bringing of such suitfinds it to by appropriate; or

Appears in 3 contracts

Samples: Indemnification Agreement (Northern Empire Bancshares), Indemnification Agreement (Northern Empire Bancshares), Indemnification Agreement (Northern Empire Bancshares)

Claims Initiated by Indemnitee. To indemnify or advance expenses Expenses to Indemnitee with respect to proceedings Proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses Expenses may be provided by the Company Corporation in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or;

Appears in 3 contracts

Samples: Indemnification Agreement (Sterling West Bancorp), Indemnification Agreement (Sterling West Bancorp), Indemnification Agreement (Sterling West Bancorp)

Claims Initiated by Indemnitee. To indemnify or advance expenses Expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings or claims brought to establish or enforce a right to indemnification under this Agreement or under any other statute or law or otherwise as required under Section 317 of the California General Corporation LawCorporations Code, but such indemnification or advancement of expenses Expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suitproceeding or claim; or

Appears in 3 contracts

Samples: Indemnification Agreement (Cyberdefender Corp), Indemnification Agreement (Cyberdefender Corp), Indemnification Agreement (Cyberdefender Corp)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 the Revised Statues of the California General Corporation LawState of Nevada, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; orIndemnitees finds it to be appropriate;

Appears in 3 contracts

Samples: Indemnification Agreement (Cab-Tive Advertising, Inc.), Employment Agreement (Biogold Fuels CORP), Indemnification Agreement (Cab-Tive Advertising, Inc.)

Claims Initiated by Indemnitee. To indemnify or advance expenses ------------------------------ to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 2 contracts

Samples: Indemnification Agreement (State of the Art Inc /Ca), Indemnification Agreement (Nanometrics Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses ------------------------------ to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or.

Appears in 2 contracts

Samples: Indemnification Agreement (Moai Technologies Inc), Indemnification Agreement (Sonicwall Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation LawNevada Revised Statutes, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; orfinds it to be appropriate;

Appears in 2 contracts

Samples: Employment Agreement (New Momentum Corp.), Indemnification Agreement (New Momentum Corp.)

Claims Initiated by Indemnitee. To indemnify or advance expenses ------------------------------ to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 2 contracts

Samples: Indemnification Agreement (Getthere Com), Indemnification Agreement (Lecg Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses ------------------------------- to Indemnitee with respect to proceedings or claims (except counter-- claims or cross--claims) initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of by the California General Corporation LawCorporations Code, but such indemnification or advancement of expenses may be by provided by the Company Association in specific cases if the Board of Directors has approved the initiation or bringing of such suitfinds it to by appropriate; or

Appears in 2 contracts

Samples: Indemnification Agreement (Northern Empire Bancshares), Indemnification Agreement (Northern Empire Bancshares)

Claims Initiated by Indemnitee. To indemnify or advance ------------------------------ expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suitfinds it to be appropriate; or

Appears in 1 contract

Samples: Indemnification Agreement (Ramp Networks Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses ------------------------------ to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; orfinds it to be appropriate;

Appears in 1 contract

Samples: Indemnification Agreement (Atroad Inc)

Claims Initiated by Indemnitee. To indemnify An indemnification of Indemnitee or advance expenses the provision of Expense Advances to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, counterclaim or crossclaim, except (i) with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other agreement or insurance policy or under the Company's Articles of Incorporation or Bylaws or statute or law or otherwise as required under Section 317 of the California General Corporation Lawlaw, but such indemnification or advancement of expenses may be provided by the Company (ii) in specific cases if the Board of Directors has approved the initiation or bringing of such suitclaim; oror (iii) as otherwise required under Section 317 of the California General Corporation Law;

Appears in 1 contract

Samples: Indemnification Agreement (Ravenswood Winery Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses to ------------------------------ Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 1 contract

Samples: Indemnification Agreement (Notify Corp)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or.

Appears in 1 contract

Samples: Indemnification Agreement (Accelgraphics Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses Expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings or claims brought to establish or enforce a right to indemnification under this Agreement or under any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses Expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suitproceeding or claim; or

Appears in 1 contract

Samples: Indemnification Agreement (Cost Plus Inc/Ca/)

Claims Initiated by Indemnitee. To indemnify or advance expenses Expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation LawCorporations Code, but such indemnification or advancement of expenses Expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or;

Appears in 1 contract

Samples: Indemnification Agreement (Sonomawest Holdings Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims (except counter-claims or cross-claims) initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of by the California General Corporation LawCorporations Code, but such indemnification or advancement of expenses may be by provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suitfinds it to by appropriate; or

Appears in 1 contract

Samples: Indemnification Agreement (Northern Empire Bancshares)

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Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims (except counter-claims or cross claims) initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of by the California General Corporation LawCorporations Code, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suitfinds it to be appropriate; or

Appears in 1 contract

Samples: Indemnification Agreement (California Micro Devices Corp)

Claims Initiated by Indemnitee. To indemnify or ------------------------------ advance expenses to Indemnitee with respect to actions, suits, proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to actions, suits or proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or.

Appears in 1 contract

Samples: Indemnification Agreement (Vertel Corp)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee Exhibit 10.34 - 5 and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; orfinds it to be appropriate;

Appears in 1 contract

Samples: Indemnification Agreement (Mendocino Brewing Co Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses Expenses to Indemnitee with respect to proceedings Proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings Proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses Expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 1 contract

Samples: Indemnification Agreement (Critical Path Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee Exhibit 10.35 - 5 and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; orfinds it to be appropriate;

Appears in 1 contract

Samples: Indemnification Agreement (Mendocino Brewing Co Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses ------------------------------ to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required required, under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 1 contract

Samples: Indemnification Agreement (Identix Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee Exhibit 10.33 - 5 and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; orfinds it to be appropriate;

Appears in 1 contract

Samples: Indemnification Agreement (Mendocino Brewing Co Inc)

Claims Initiated by Indemnitee. To The Company shall not be ------------------------------ obligated to indemnify or advance expenses Expenses to Indemnitee with respect to proceedings or claims Proceedings initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings Proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses Expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; orProceeding.

Appears in 1 contract

Samples: Indemnification Agreement (St John Knits International Inc)

Claims Initiated by Indemnitee. To indemnify or advance ------------------------------ expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 1 contract

Samples: Stock Purchase Agreement (Western Micro Technology Inc)

Claims Initiated by Indemnitee. To indemnify or to advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 1 contract

Samples: Indemnification Agreement (Cellegy Pharmaceuticals Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses Expenses to Indemnitee with respect to proceedings Proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses Expenses may be provided by the Company Corporation in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 1 contract

Samples: Indemnification Agreement (Bank of Marin Bancorp)

Claims Initiated by Indemnitee. To indemnify or advance ------------------------------ expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; orfinds it to be appropriate;

Appears in 1 contract

Samples: Indemnification Agreement (Netcentives Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses Expenses to Indemnitee with respect to proceedings or claims any Proceeding initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings Proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation LawCorporations Code, but such indemnification or advancement of expenses Expenses may be provided by the Company in specific cases if the Company’s Board of Directors has approved the initiation or bringing of such suit; orProceeding;

Appears in 1 contract

Samples: Indemnification Agreement (Bank of Commerce Holdings)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee Exhibit 10.38 - 5 and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; orfinds it to be appropriate;

Appears in 1 contract

Samples: Indemnification Agreement (Mendocino Brewing Co Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses Expenses to Indemnitee with respect to proceedings Proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses Expenses may be provided by the Company Corporation in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 1 contract

Samples: Indemnification Agreement (Sierra Bancorp)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; orby

Appears in 1 contract

Samples: Indemnification Agreement (Franklin Select Real Estate Income Fund)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation Law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; oror (c)

Appears in 1 contract

Samples: Indemnification Agreement (Dh Technology Inc)

Claims Initiated by Indemnitee. To indemnify or advance expenses to Indemnitee with respect to proceedings or claims initiated or brought voluntarily by Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 317 of the California General Corporation LawCorporations Code, but such indemnification or advancement of or expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit; or

Appears in 1 contract

Samples: Indemnification Agreement (Ontro Inc)

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