Effect of Other Proceedings. The termination of any Proceeding or of any claim, issue or matter therein, by judgment, order or settlement shall not create a presumption that the act(s) or omission(s) giving rise to the Proceeding were not Good Faith Act(s) or Omission(s). The termination of any Proceeding by conviction, or upon a plea of nolo contendere, or its equivalent, or an entry of an order of probation prior to judgment, shall create a rebuttable presumption that the act(s) or omission(s) of the Indemnitee giving rise to the Proceeding were not Good Faith Act(s) or Omission(s).
Appears in 18 contracts
Samples: Indemnification Agreement (Income Property Trust of the Americas Inc.), Indemnification Agreement (CNL Income Properties Inc), Indemnification Agreement (Dividend Capital Total Realty Trust Inc.)
Effect of Other Proceedings. The termination of any Proceeding or of any claim, issue or matter therein, therein by judgment, order or settlement shall not create a presumption that the act(s) or omission(s) giving rise to the Proceeding were not Good Faith Act(s) or Omission(s). The termination of any Proceeding by conviction, or upon a plea of nolo contendere, or its equivalent, or an entry of an order of probation prior to judgment, shall create a rebuttable presumption that the act(s) or omission(s) of the Indemnitee giving rise to the Proceeding were not Good Faith Act(s) or Omission(s).
Appears in 16 contracts
Samples: Form of Indemnification Agreement (CNL Strategic Capital, LLC), Indemnification Agreement (CNL Healthcare Properties, Inc.), Form of Indemnification Agreement (CNL Healthcare Properties II, Inc.)
Effect of Other Proceedings. The termination of any Proceeding or of any claim, issue or matter therein, by judgment, order or settlement shall not create a presumption that the act(s) or omission(s) giving rise to the Proceeding were not Good Faith Act(s) or Omission(s). The termination of any Proceeding by conviction, or upon a plea of nolo non contendere, or its equivalent, or an entry of an order of probation prior to judgment, shall create a rebuttable presumption that the act(s) or omission(s) of the Indemnitee giving rise to the Proceeding were not Good Faith Act(s) or Omission(s).
Appears in 3 contracts
Samples: Indemnification Agreement (CNL Hotels & Resorts, Inc.), Indemnification Agreement (CNL Retirement Properties Inc), Indemnification Agreement (CNL Hotels & Resorts, Inc.)
Effect of Other Proceedings. The termination of any Proceeding or of any claim, issue or matter therein, by judgment, order or settlement shall not create a presumption that the act(s) or omission(s) giving rise to the Proceeding were not Good Faith Act(s) or Omission(s). The termination of any Proceeding by conviction, or upon a plea of nolo contendere, or its equivalent, or an entry of an order of probation prior to judgment, conviction shall create a rebuttable presumption that the act(s) or omission(s) of the Indemnitee giving rise to the Proceeding were not Good Faith Act(s) or Omission(s).
Appears in 3 contracts
Samples: Employment Agreement (Vitacost.com, Inc.), Indemnification Agreement (Vitacost.com, Inc.), Indemnification Agreement (Vitacost.com, Inc.)
