Common use of Exception for Amounts Covered by Insurance and Other Sources Clause in Contracts

Exception for Amounts Covered by Insurance and Other Sources. Notwithstanding the foregoing, the Company shall not be obligated to indemnify Indemnitee for Expenses or Other Liabilities of any type whatsoever (including, but not limited to judgments, fines, penalties, ERISA excise taxes or penalties and amounts paid in settlement) to the extent such have been paid directly to Indemnitee (or paid directly to a third party on Indemnitee’s behalf) by any directors and officers, or other type, of insurance maintained by the Company.

Appears in 13 contracts

Samples: Indemnity Agreement (KalVista Pharmaceuticals, Inc.), Indemnity Agreement (Obalon Therapeutics Inc), Indemnity Agreement (Audentes Therapeutics, Inc.)

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Exception for Amounts Covered by Insurance and Other Sources. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for Expenses or Other Liabilities of any type whatsoever (including, but not limited to judgments, fines, penalties, ERISA excise taxes or penalties and amounts paid in settlement) to the extent such have been paid directly to the Indemnitee (or paid directly to a third party on Indemnitee’s behalf) by any directors and officers, or other type, of officers insurance (“D&O Insurance”) maintained by the CompanyCompany or other indemnity arrangements with third parties.

Appears in 3 contracts

Samples: Indemnification Agreement (Sport Supply Group, Inc.), Indemnification Agreement (Collegiate Pacific Inc), Indemnification Agreement (Symantec Corp)

Exception for Amounts Covered by Insurance and Other Sources. Notwithstanding the foregoing, the Company shall not be obligated to indemnify Indemnitee for Expenses or Other Liabilities of any type whatsoever (including, but not limited to judgments, fines, penalties, ERISA excise taxes or penalties and amounts paid in settlement) to the extent such have been paid directly to Indemnitee (or paid directly to a third party on Indemnitee’s behalf) by any directors and officers, or other type, of insurance maintained by the Company.’s

Appears in 3 contracts

Samples: Indemnity Agreement (ADS Waste Holdings, Inc.), Indemnity Agreement (ArcSight Inc), Indemnity Agreement (Glu Mobile Inc)

Exception for Amounts Covered by Insurance and Other Sources. Notwithstanding the foregoing, the Company shall not be obligated to indemnify Indemnitee for Expenses or Other Liabilities expenses of any type whatsoever (including, but not limited to judgments, fines, penalties, ERISA excise taxes or penalties and amounts paid in settlement) to the extent such have been paid directly to Indemnitee (or paid directly to a third party on Indemnitee’s behalf) by any directors and officers, or other type, of insurance maintained by the Company.

Appears in 2 contracts

Samples: Indemnity Agreement (Adamis Pharmaceuticals Corp), Indemnification Agreement (Adamis Pharmaceuticals Corp)

Exception for Amounts Covered by Insurance and Other Sources. Notwithstanding the foregoing, the Company shall not be obligated to indemnify Indemnitee for Expenses or Other Liabilities of any type whatsoever (including, but not limited to judgments, fines, penalties, ERISA excise taxes or penalties and amounts paid in settlement) to the extent such have been paid directly to Indemnitee (or paid directly to a third party party, on Indemnitee’s behalf) by any directors and officers, or other type, of officers insurance maintained by the CompanyCompany or other indemnity arrangements with third parties.

Appears in 2 contracts

Samples: Indemnity Agreement (Transforma Acquisition Group Inc.), Indemnity Agreement (Transforma Acquisition Group Inc.)

Exception for Amounts Covered by Insurance and Other Sources. Notwithstanding the foregoing, the Company shall not be obligated to indemnify Indemnitee for Expenses or Other Liabilities of any type whatsoever (including, but not limited to judgments, fines, penalties, ERISA excise taxes or penalties and amounts paid in settlement) to the extent such have been paid directly to Indemnitee (or paid directly to a third party on Indemnitee’s behalf) by any directors and officers, or other type, of officers insurance maintained by the CompanyCompany or other indemnity arrangements with third parties.

Appears in 2 contracts

Samples: Executive Employment Agreement (ShoreTel Inc), Indemnification Agreement (ShoreTel Inc)

Exception for Amounts Covered by Insurance and Other Sources. Notwithstanding the foregoing, the Company shall not be obligated to indemnify Indemnitee for Expenses or Other Liabilities of any type whatsoever (including, but not limited to judgments, fines, penalties, ERISA excise taxes or penalties and amounts paid in settlement) to the extent such have been paid directly to Indemnitee (or paid directly to a third party on Indemnitee’s behalf) by any directors and officersofficers liability insurance, or other type, of insurance maintained by the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Aeluma, Inc.)

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Exception for Amounts Covered by Insurance and Other Sources. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for Expenses or Other Liabilities of any type whatsoever (including, but not limited to judgments, fines, penalties, ERISA excise taxes or penalties and amounts paid in settlement) to the extent such have been paid directly to the Indemnitee (or paid directly to a third party on Indemnitee’s behalf) by any directors and officers, or other type, of officers insurance (“D&O Insurance") maintained by the CompanyCompany or other indemnity arrangements with third parties.

Appears in 1 contract

Samples: Indemnification Agreement (Collegiate Pacific Inc)

Exception for Amounts Covered by Insurance and Other Sources. Notwithstanding the foregoing, the Company shall not be obligated to indemnify Indemnitee for Expenses or Other Liabilities of any type whatsoever (including, but not limited to judgments, fines, penalties, ERISA (or other benefit plan related) excise taxes or penalties and amounts paid in settlementsettlement of a Proceeding) to the extent such Expenses or Other Liabilities have been paid directly to Indemnitee (or paid directly to a third party on Indemnitee’s behalf) by any directors and officers, or other type, of insurance maintained by or on behalf of the Company.

Appears in 1 contract

Samples: Indemnity Agreement (ServiceNow, Inc.)

Exception for Amounts Covered by Insurance and Other Sources. Notwithstanding the foregoing, the Company shall not be obligated to indemnify Indemnitee for Expenses or Other Liabilities of any type whatsoever (including, but not limited to judgments, fines, penalties, ERISA (or other benefit plan related) excise taxes or penalties and amounts paid in settlement) to the extent such have been paid directly to Indemnitee (or paid directly to a third party on Indemnitee’s behalf) by any directors and officers, or other type, of insurance maintained by the Company.

Appears in 1 contract

Samples: Indemnity Agreement (Callidus Software Inc)

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