Common use of Defense to Indemnification, Burden of Proof, and Presumptions Clause in Contracts

Defense to Indemnification, Burden of Proof, and Presumptions. (i) To the maximum extent permitted by applicable law in making a determination with respect to entitlement to indemnification (or payment of Expense Advances) hereunder, the Reviewing Party shall presume that an Indemnitee is entitled to indemnification (or payment of Expense Advances) under this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by the Reviewing Party of any determination contrary to that presumption.

Defense to Indemnification, Burden of Proof, and Presumptions. (i) To the maximum extent permitted by applicable law in making a determination with respect to entitlement to indemnification (or payment advancement of Expense Advancesexpenses) hereunder, the Reviewing Party shall presume that an Indemnitee is entitled to indemnification (or payment advancement of Expense Advancesexpenses) under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 4(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by the Reviewing Party of any determination contrary to that presumption.

Defense to Indemnification, Burden of Proof, and Presumptions. (i) To the maximum extent permitted by applicable law in making a determination with respect to entitlement to indemnification (or payment of Expense Advances) hereunder, the Reviewing Party shall presume that an Indemnitee is entitled to indemnification (or payment under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 4(a) of Expense Advances) under this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by the Reviewing Party of any determination contrary to that presumption.

Defense to Indemnification, Burden of Proof, and Presumptions. (ia) To the maximum extent permitted by applicable law law, in making a determination with respect to entitlement to indemnification (or payment advancement of Expense Advancesexpenses) hereunder, the Reviewing Party shall presume that an Indemnitee is entitled to indemnification (or payment advancement of Expense Advancesexpenses) under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 4.1 of this Agreement, and the Company Reviewing Party shall have place the burden of proof on the Company to overcome that presumption in connection with the making by the Reviewing Party of any determination contrary to that presumption.

Defense to Indemnification, Burden of Proof, and Presumptions. (i) To the maximum extent permitted by applicable law in making a determination with respect to entitlement to indemnification (or payment advancement of Expense Advancesexpenses) hereunder, the Reviewing Party shall presume that an Indemnitee is entitled to indemnification (or payment advancement of Expense Advancesexpenses) under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 3(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by the Reviewing Party of any determination contrary to that presumption.

Defense to Indemnification, Burden of Proof, and Presumptions. (i) To the maximum extent permitted by applicable law in making a determination with respect to entitlement to indemnification (or payment of Expense Advances) hereunder, the Reviewing Party shall presume that an Indemnitee is entitled to indemnification (or payment of Expense Advances) under this AgreementAgreement if Indemnitee has submitted a request for indemnification in accordance with Section 4(a) of this Agreement or a request for Expense Advances in accordance with Section 2(c), and the Company shall have the burden of proof by clear and convincing evidence to overcome that presumption in connection with the making by the Reviewing Party of any determination contrary to that presumption.

Defense to Indemnification, Burden of Proof, and Presumptions. (i) To i)To the maximum extent permitted by applicable law in making a determination with respect to entitlement to indemnification (or payment of Expense Advances) hereunder, the Reviewing Party shall presume that an Indemnitee is entitled to indemnification (or payment of Expense Advances) under this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by the Reviewing Party of any determination contrary to that presumption.

Defense to Indemnification, Burden of Proof, and Presumptions. (i) To the maximum extent permitted by applicable law in making a determination with respect to entitlement to indemnification (or payment of Expense Advances) hereunder, the Reviewing Party shall presume that an Indemnitee is entitled to indemnification (or payment of Expense Advances) under this AgreementAgreement if Indemnitee has submitted a request for indemnification in accordance with Section 4(a) of this Agreement or a request for Expense Advances in accordance with Section 2(c), and the Company shall have the burden of proof to overcome that presumption in connection with the making by the Reviewing Party of any determination contrary to that presumption.