Common use of De Novo Review Clause in Contracts

De Novo Review. In the event that a determination shall have been made pursuant to Section 7 of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Section 9 shall be conducted in all respects as a de novo trial, or arbitration, on the merits, and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.

De Novo Review. In the event that a determination shall have has been made pursuant to Section 7 6 of this Agreement that the Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Section 9 shall 8 will be conducted in all respects as a de novo trial, or arbitration, on the merits, and the Indemnitee shall will not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have has the burden of proving that the Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.

De Novo Review. In the event that a determination shall have been made pursuant to Section 7 6 of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Section 9 8 shall be conducted in all respects as a de novo trial, or arbitration, on the merits, merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.

De Novo Review. In the event that a determination shall have been made pursuant to Section 7 6 of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Section 9 8.1 shall be conducted in all respects as a de novo trial, trial or arbitration, arbitration on the merits, merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such judicial proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or the advancement of Expenses, as the case may be.

De Novo Review. In the event that a determination shall have been made pursuant to Section 7 of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Section 9 shall be conducted in all respects as a de novo trial, or arbitration, on the merits, merits and Indemnitee shall not be prejudiced by reason of that the prior adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving by clear and convincing evidence that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.

De Novo Review. In the event that a determination shall have been made pursuant to Section 7 of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Section 9 8 shall be conducted in all respects as a de novo trial, or arbitration, on the merits, merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.

De Novo Review. In the event that a determination shall have been made pursuant to Section 7 of this Agreement 6 that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Section 9 8.1 shall be conducted in all respects as a de novo trial, trial or arbitration, arbitration on the merits, merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such judicial proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or the advancement of Expenses, as the case may be.

De Novo Review. In the event that a determination shall have been made pursuant to Section 7 6 of this Agreement that an Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Section 9 8.1 shall be conducted in all respects as a de novo trial, trial or arbitration, arbitration on the merits, merits and such Indemnitee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.

De Novo Review. In the event that a determination shall have been made pursuant to Section 7 of this Agreement 6 that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Section 9 8.1 shall be conducted in all respects as a de novo trial, trial or arbitration, arbitration on the merits, merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such judicial proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or the advancement of Expenses, as the case may be.