Duplication of Payments. To indemnify Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties, and amounts paid in settlement) which actually have been paid to Indemnitee under a valid and collectible insurance policy, a provision of the Company’s Certificate of Incorporation or Bylaws, or another valid and enforceable indemnity agreement; or
Duplication of Payments. The Company will not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the By-Laws, the DGCL or otherwise) of the amount otherwise payable hereunder.
Duplication of Payments. In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights. The Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee to the extent Indemnitee has actually received payment (under any insurance policy, the Articles, the Regulations or otherwise) of the amounts otherwise payable hereunder. Shareholder Ratification. The Company may, at its option, propose at any future meeting of Shareholders that this Agreement be ratified by the Shareholders; provided, however, that the Indemnitee's rights hereunder shall be fully enforceable in accordance with the terms hereof whether or not such ratification is sought or obtained.
Duplication of Payments. Expenses reimbursed under one provision will not be reimbursed an additional time under a separate provision.
Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
Duplication of Payments. The Company shall not be liable under this ----------------------- Agreement to make any payment to the Indemnitee in connection with any Indemnifiable Claim to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Company's Articles of Incorporation or Bylaws or otherwise) of the amounts otherwise Indemnifiable hereunder with respect to such Indemnifiable Claim.
Duplication of Payments. Subject to Section 2, the Corporation will not be liable under this Agreement to make any payment in connection with any claim made against the Indemnified Party to the extent the Indemnified Party has otherwise actually received payment from any third party (under any insurance policy, including the directors’ and officers’ liability insurance policy described in Section 15 below, by law, or otherwise) of the amounts otherwise subject to indemnification under this Agreement, unless such amounts have then subsequently been reimbursed by the Indemnified Party to the third party.
Duplication of Payments. Without limiting the rights of the Indemnitee to be indemnified under this Agreement at any time, this Agreement constitutes secondary coverage if the Indemnitee is entitled to recover under any other indemnification arrangement provided by a third party or under any D&O insurance policy purchased for the benefit of the Indemnitee. The Indemnitee is not entitled to multiple indemnifications.
Duplication of Payments. (a) The Company will not be liable under this Agreement to make any payment to Indemnitee in connection with any Proceeding to the extent the Indemnitee has actually received payment of the claim otherwise payable hereunder under any insurance policy, the Company's Certificate of Incorporation or By-laws or otherwise; provided, however, that nothing in this Section shall affect the liability, if any, of the Company to Lab Holdings, Inc. ("Lab Holdings") in connection with a claim brought by Lab Holdings as subrogee of Indemnitee's rights under this Agreement.
Duplication of Payments. There shall be no duplication of severance pay in any manner. Employee shall not be entitled to any severance or termination payments (but excluding retirement and similar benefits) under any other plan, program, arrangement or agreement with Employer. Except as set forth in the immediately preceding sentence, the foregoing payments and benefits shall be in addition to and not in lieu of any payments or benefits to which Employee and his dependents may otherwise be entitled to under Employer’s compensation and employee benefit plans.
