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

Defense to Indemnification, Burden of Proof, and Presumptions. (i) It shall be a defense to any action, suit, litigation, proceeding or arbitration brought by Indemnitee against Mallinckrodt plc to enforce this Agreement that it is not permissible under applicable law for Mallinckrodt plc to indemnify Indemnitee for the amount claimed.

Defense to Indemnification, Burden of Proof, and Presumptions. (i) It shall be a defense to any action, suit, litigation, proceeding or arbitration action brought by Indemnitee against Mallinckrodt plc to enforce this Agreement that it is not permissible under applicable law for Mallinckrodt plc to indemnify Indemnitee for the amount claimed.