Determination of Entitlement. In the event that a determination of Indemnitee's entitlement to indemnification is required pursuant to Section 145(d) of the Statute or a successor statute or pursuant to other applicable law, the appropriate decision maker shall make such determination; provided, however, that Indemnitee shall initially be presumed in all cases to be entitled to indemnification and Indemnitee may establish a conclusive presumption of any fact necessary to such a determination by delivering to the Company a declaration made under penalty of perjury that such fact is true.
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Samples: Indemnification Agreement (Rubicon Medical Corp), Indemnification Agreement (Rubicon Medical Corp), Indemnification Agreement (Rubicon Medical Corp)
Determination of Entitlement. In the event that a determination of Indemnitee's entitlement to indemnification is required pursuant to Section 145(d) 23B.08.550 of the Statute or a successor statute or pursuant to other applicable law, the appropriate decision decision- maker shall make such determination; provided, however, that Indemnitee shall initially be presumed in all cases to be entitled to indemnification and indemnification, that Indemnitee may establish a conclusive presumption of any fact necessary to such a determination by delivering to the Company a declaration made under penalty of perjury that such fact is true.
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