Common use of Effect of Termination of Action Clause in Contracts

Effect of Termination of Action. The termination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person seeking indemnification did not meet the standards of conduct described in Section 1 of this Article VI. Entry of a judgment by consent as part of a settlement shall not be deemed an adjudication of liability, as described in Section 2 of this Article VI.

Appears in 2 contracts

Samples: Merger Agreement (Force Protection Inc), Merger Agreement (Force Protection Inc)

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Effect of Termination of Action. The termination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, equivalent shall not of itself create a presumption that the person seeking indemnification did not meet the standards of conduct described in Section 1 7.1 of this Article VI7. Entry of a judgment by consent as part of a settlement shall not be deemed an adjudication of liability, as described in Section 2 7.2 of this Article VI7.

Appears in 1 contract

Samples: Merger Agreement (New Frontier Media Inc)

Effect of Termination of Action. The termination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo Exhibit D contendere or its equivalent, equivalent shall not of itself create a presumption that the person seeking indemnification did not meet the standards of conduct described in Section 1 of this Article VIArticle. Entry of a judgment by consent as part of a settlement shall not be deemed an adjudication of liability, as described in Section 2 of this Article VI.

Appears in 1 contract

Samples: Separation Agreement (Teleservices Internet Group Inc)

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Effect of Termination of Action. The termination of any action, suit suit, or proceeding by judgment, order, settlement settlement, or conviction, or upon a plea of nolo contendere or its equivalent, equivalent shall not of itself create a presumption that the person seeking indemnification did not meet the standards of conduct described in Section 1 12.1 of this Article VIthese Bylaws. Entry of a judgment by consent as part of a settlement shall not be deemed an adjudication of liability, as described in Section 2 of this Article VI.

Appears in 1 contract

Samples: Charter School Contract

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