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

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the 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) to the extent such have been paid directly to the Indemnitee by D&O Insurance.

Appears in 74 contracts

Samples: Indemnification Agreement (Bannix Acquisition Corp.), Indemnity Agreement (Selectis Health, Inc.), Indemnification Agreement (Ipsidy Inc.)

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Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such have been paid directly to the Indemnitee by D&O Insurance.

Appears in 42 contracts

Samples: Merger Agreement (Synergy CHC Corp.), Share Exchange Agreement (Peregrine Industries Inc), Merger Agreement (Synergy CHC Corp.)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, finesfees, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such which have been paid directly to the Indemnitee by under D&O Insurance.

Appears in 19 contracts

Samples: Indemnification & Liability (Blum Holdings, Inc.), Indemnification Agreement (Blum Holdings, Inc.), Indemnification & Liability (Blum Holdings, Inc.)

Exception for Amounts Covered by Insurance. Notwithstanding the ------------------------------------------ foregoing, the Company shall not be obligated to indemnify the 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) to the extent such have been paid directly to the Indemnitee by D&O Insurance.

Appears in 15 contracts

Samples: Employment Agreement (Homestore Com Inc), Indemnity Agreement (Oni Systems Corp), Employment Agreement (Homestore Com Inc)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the 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) to the extent such have been paid directly to the Indemnitee by D&O Insurance.

Appears in 8 contracts

Samples: Indemnification Agreement (Health in Tech, Inc.), Indemnification Agreement (CaliberCos Inc.), Indemnification Agreement (Adamas One Corp.)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such which have been paid directly to the Indemnitee by D&O Insurance.

Appears in 6 contracts

Samples: Employment Agreement (Intuit Inc), Employment Agreement (Cadence Design Systems Inc), Employment Agreement (Cadence Design Systems Inc)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such have been paid directly to the Indemnitee by D&O Insurance.

Appears in 5 contracts

Samples: Indemnity Agreement (Phoenix Technologies LTD), Indemnity Agreement (Phoenix Technologies LTD), Indemnification & Liability (Hybrid Networks Inc)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, finesfees, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such that have been paid directly to the Indemnitee by under D&O Insurance.

Appears in 3 contracts

Samples: Indemnity Agreement (ACA Capital Holdings Inc), Indemnification Agreement (ACA Capital Holdings Inc), Indemnification Agreement (ACA Capital Holdings Inc)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the 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) to the extent such have been paid directly to the Indemnitee by D&O Insurance.; and

Appears in 2 contracts

Samples: Indemnity Agreement (SUNSHINE SILVER MINES Corp), Indemnity Agreement (Verisign Inc/Ca)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (whatsoever, including, but not limited to, judgments, fines, ERISA excise taxes or penalties and amounts paid in settlement) , to the extent such have been paid directly to the Indemnitee by D&O Director and Officer Insurance.

Appears in 2 contracts

Samples: Indemnity Agreement (Handspring Inc), Indemnity Agreement (Handspring Inc)

Exception for Amounts Covered by Insurance. Notwithstanding the ------------------------------------------ foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such have been paid directly to the Indemnitee by D&O Insurance.

Appears in 2 contracts

Samples: Indemnification & Liability (Interwoven Inc), Indemnification Agreement (Snowball Com Inc)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties and amounts paid in settlement) to the extent such have been paid directly to the Indemnitee by D&O Insurance.

Appears in 2 contracts

Samples: Indemnity Agreement (Evans & Sutherland Computer Corp), Indemnity Agreement (Zagg INC)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes taxes, FINRA fines or penalties and amounts paid in settlement) to the extent such have been paid directly to the Indemnitee by D&O Insurance.

Appears in 1 contract

Samples: Indemnification Agreement (Rubicon Financial Inc)

Exception for Amounts Covered by Insurance. Notwithstanding the ------------------------------------------ foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such which have been paid directly to the Indemnitee by D&O Insurance.

Appears in 1 contract

Samples: Indemnity Agreement (Autoweb Com Inc)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, finesfees, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such which have been paid directly to the Indemnitee by under D&O Insuranceinsurance.

Appears in 1 contract

Samples: Indemnification & Liability (Nyiax, Inc.)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such which have been paid directly to the Indemnitee by directors’ and officers’ liability insurance (“D&O Insurance”).

Appears in 1 contract

Samples: Indemnification Agreement (Allied Healthcare International Inc)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the 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) to the extent such Expenses that have been paid directly to Indemnitee under the Indemnitee by Company’s D&O Insurance.

Appears in 1 contract

Samples: Indemnity Agreement (First Choice Bancorp)

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Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the 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) to the extent such amounts have been paid directly to the Indemnitee by D&O InsuranceInsurance or other indemnity provision.

Appears in 1 contract

Samples: Indemnification Agreement (PayPal Holdings, Inc.)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, finesfees, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such which have been paid directly to the Indemnitee by under D&O Insurance.. ​

Appears in 1 contract

Samples: Indemnity Agreement (Digital Brands Group, Inc.)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, fines ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such which have been paid directly to the Indemnitee by D&O Insurance.

Appears in 1 contract

Samples: Indemnification Agreement (Alliance Semiconductor Corp/De/)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, finesfees, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such which have been paid directly to the Indemnitee by under D&O Insurance.

Appears in 1 contract

Samples: Indemnity Agreement (Chaparral Energy, Inc.)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties and amounts paid in settlement) to the extent such Liabilities which have been paid directly to the Indemnitee by under D&O Insurance.

Appears in 1 contract

Samples: Indemnification Agreement (Chaparral Energy, Inc.)

Exception for Amounts Covered by Insurance. Notwithstanding the ------------------------------------------ foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (whatsoever, including, but not limited to, judgments, fines, ERISA excise taxes or penalties and amounts paid in settlement) , to the extent such have been paid directly to the Indemnitee by D&O Director and Officer Insurance.

Appears in 1 contract

Samples: Indemnity Agreement (Lexar Media Inc)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, finesfees, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such which have been paid directly to the Indemnitee by or to others on behalf of Indemnitee under D&O Insurance.

Appears in 1 contract

Samples: Indemnity Agreement (Hancock Fabrics Inc)

Exception for Amounts Covered by Insurance. Notwithstanding ------------------------------------------ the foregoing, the Company shall not be obligated to indemnify the 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) to the extent such have been paid directly to the Indemnitee by D&O Insurance.

Appears in 1 contract

Samples: Indemnification Agreement (Onsale Inc)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the 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) to the extent such have been paid directly to the Indemnitee by D&O Insurance.;

Appears in 1 contract

Samples: Indemnity Agreement (Sunshine Silver Mining & Refining Corp)

Exception for Amounts Covered by Insurance. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such have been paid directly to the Indemnitee by D&O Insuranceany insurance purchased by the Company.

Appears in 1 contract

Samples: Merger Agreement (Oryon Holdings, Inc.)

Exception for Amounts Covered by Insurance. Notwithstanding the ------------------------------------------ foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent such which have been paid directly to the Indemnitee by directors' and officers' liability insurance ("D&O Insurance"). ------------- 4.

Appears in 1 contract

Samples: Indemnification & Liability (Vitalstate Inc)

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