Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) days following delivery of a written request therefor by Indemnitee to the Company.
Appears in 10 contracts
Samples: Indemnification Agreement (Novacept Inc), Indemnification Agreement (Nanosys Inc), Indemnification Agreement (Proxim Corp)
Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.
Appears in 6 contracts
Samples: Indemnification Agreement (Nanometrics Inc), Indemnification Agreement (Jetfax Inc), Indemnification Agreement (Looksmart LTD)
Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action or proceeding). Indemnitee hereby undertakes to repay such amounts expenses advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.
Appears in 5 contracts
Samples: Indemnification Agreement (Talk City Inc), Indemnification Agreement (Linuxcare Inc), Indemnification Agreement (Numerical Technologies Inc)
Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced referred to in Section 1(al(a) or (bSection 1(b) hereof (but not including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The Any advances to be made hereunder under this Agreement shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.
Appears in 4 contracts
Samples: Indemnification Agreement (Northpoint Communications Holdings Inc), Indemnification Agreement (Northpoint Communications Holdings Inc), Indemnification Agreement (Avantgo Inc)
Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) days following delivery of a written request therefor by Indemnitee to the Company.
Appears in 3 contracts
Samples: Indemnification Agreement (Usweb Corp), Indemnification Agreement (Globalcenter Inc), Indemnification Agreement (Modem Media Poppe Tyson Inc)
Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced referred to in Section 1(a) or (bSection 1(b) hereof (but not including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The Any advances to be made hereunder under this Agreement shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.
Appears in 2 contracts
Samples: Indemnification Agreement (Cerent Corp), Indemnification Agreement (Foundry Networks Inc)
Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action or proceeding, which shall be governed by Section 1(a)). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.
Appears in 2 contracts
Samples: Indemnification Agreement (Lantronix), Indemnification Agreement (Gen Vec Inc)
Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.
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Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company, accompanied by such supporting documentation as may be reasonably requested by the Company.
Appears in 1 contract
Samples: Indemnification Agreement (Loews Cineplex Entertainment Corp)
Expenses Indemnification Procedure. (a) Advancement of Expenses. Expenses The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) days following delivery of a written request therefor by Indemnitee to the Company.
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Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced in Section 1(a1 (a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) days following delivery of a written request therefor by Indemnitee to the Company.
Appears in 1 contract
Samples: Indemnification Agreement (Centillium Communications Inc)
Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement for which Indemnitee is entitled to be indemnified hereunder, until the final disposition of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that the Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to the Indemnitee within thirty (30) days as soon as possible following delivery of a written request therefor by Indemnitee to the Company, but in no event more than twenty (20) days after such request.
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Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall may advance all expenses ----------------------- reasonably incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.
Appears in 1 contract
Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.
Appears in 1 contract
Samples: Indemnification Agreement (State of the Art Inc /Ca)
Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defensedefence, settlement or appeal of any civil or criminal action, suit action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) 20 days following delivery of a written request therefor by Indemnitee to the Company.
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Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit action or proceeding referenced in Section 1(a) or (b1(b) hereof of this Agreement (but not amounts actually paid in settlement of any such action, suit action or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) 20 days following after delivery of a written request therefor by Indemnitee to the Company.
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Expenses Indemnification Procedure. (a) Advancement of ExpensesADVANCEMENT OF EXPENSES. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) days following delivery of a written request therefor by Indemnitee to the Company.
Appears in 1 contract
Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) 20 days following delivery of a written request therefor by Indemnitee to the Company, accompanied by such supporting documentation as may be reasonably requested by the Company.
Appears in 1 contract
Samples: Indemnification Agreement (Spirit AeroSystems Holdings, Inc.)
Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action or proceeding, which shall be governed by Section 1(a)). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.
Appears in 1 contract
Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced referred to in Section 1(a) or Section 1 (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.
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Expenses Indemnification Procedure. (a) Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that the expenses incurred by Indemnitee were not reasonable or that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.
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