Common use of Enforcing the Agreement Clause in Contracts

Enforcing the Agreement. If Indemnitee properly makes a claim for indemnification or an advance of expenses which is payable pursuant to the terms of this Agreement, and that claim is not paid by the Company, or on its behalf, within ninety days after a written claim has been received by the Company, the Indemnitee may at any time thereafter bring suit against the Company to recover the unpaid amount of the claim and if successful in whole or in part, the Indemnitee shall be entitled to be paid also all expenses actually and reasonably incurred in connection with prosecuting such claim.

Appears in 16 contracts

Samples: Indemnification Agreement (Topgolf Callaway Brands Corp.), Indemnification Agreement (Callaway Golf Co), Indemnification Agreement (Callaway Golf Co)

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Enforcing the Agreement. If Indemnitee properly makes a claim ----------------------- for indemnification or an advance of expenses which is payable pursuant to the terms of this Agreement, and that claim is not paid by the Company, or on its behalf, within ninety days after a written claim has been received by the Company, the Indemnitee may at any time thereafter bring suit against the Company to recover the unpaid amount of the claim and if successful in whole or in part, the Indemnitee shall be entitled to be paid also all expenses actually and reasonably incurred in connection with prosecuting such claim.

Appears in 9 contracts

Samples: Indemnification Agreement (Callaway Golf Co /Ca), Indemnification Agreement (Callaway Golf Co /Ca), Indemnification Agreement (Callaway Golf Co /Ca)

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Enforcing the Agreement. If Indemnitee properly makes a claim for indemnification or an advance of expenses which is payable pursuant to the terms of this Agreement, and that claim is not paid by the Company, or on its behalf, within ninety ten days after a written claim has been received by the Company, the Indemnitee may at any time thereafter bring suit an action against the Company to recover the unpaid amount of the claim and if successful in whole or in part, the Indemnitee shall be entitled to be paid also all expenses actually and reasonably incurred in connection with prosecuting such claim.

Appears in 2 contracts

Samples: Indemnification Agreement (Exult Inc), Indemnification Agreement (Eps Solutions Corp)

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