Common use of Indemnification for Costs, Charges and Expenses of Successful Party Clause in Contracts

Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the limitations of Sections 3 and 4, subject to Sections 2(a) and 2(b), to the extent that the Indemnitee is successful, on the merits or otherwise, in whole or in part, in defense of any Proceeding or in defense of any claim, issue or matter therein, including, without limitation, the dismissal of any action without prejudice, or if it is ultimately determined that the Indemnitee is otherwise entitled to be indemnified against Expenses, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (EnerSys), Indemnification Agreement (EnerSys)

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Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the limitations of Sections 2(e), 3 and 4, subject to Sections 2(a) and 2(b)4 above, to the extent that the Indemnitee is has been successful, on the merits or otherwise, in whole or in part, in defense of any Proceeding action, suit or proceeding (including an action, suit or proceeding brought by or on behalf of the Company) or in defense of any claim, issue or matter therein, including, without limitation, the dismissal of any action without prejudice, or if it is ultimately determined that the Indemnitee is otherwise entitled to be indemnified against Expenses, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Ashworth Inc), Indemnification Agreement (I Flow Corp /De/)

Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the limitations of Sections Section 2(d), 3 and 4, subject to Sections 2(a) and 2(b)4 above, to the extent that the Indemnitee is has been successful, on the merits or otherwise, in whole or in part, in defense of any Proceeding action, suit or proceeding (including an action, suit or proceeding brought by or on behalf of Xxxxxx Xxx) or in defense of any claim, issue or matter therein, including, without limitation, the dismissal of any action without prejudice, or if it is ultimately determined that the Indemnitee is otherwise entitled to be indemnified against Expenses, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Federal National Mortgage Association Fannie Mae), Indemnification Agreement (Federal National Mortgage Association Fannie Mae)

Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the limitations of Sections Section 2(e), 3 and 4, subject to Sections 2(a) and 2(b)4 above, to the extent that the Indemnitee is has been successful, on the merits or otherwise, in whole or in part, in defense of any Proceeding action, suit or proceeding (including an action, suit or proceeding brought by or on behalf of the Company) or in defense of any claim, issue or matter therein, including, without limitation, the dismissal of any action without prejudice, or if it is ultimately determined that the Indemnitee is otherwise entitled to be indemnified against Expenses, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Quidel Corp /De/)

Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the limitations of Sections Section 2(d), 3 and 4, subject to Sections 2(a) and 2(b)4 above, to the extent that the Indemnitee is has been successful, on the merits or otherwise, in whole or in part, in defense of any Proceeding action, suit or proceeding (including an action, suit or proceeding brought by or on behalf of Edison) or in defense of any claim, issue or matter therein, including, without limitation, the dismissal of any action without prejudice, or if it is ultimately determined that the Indemnitee is otherwise entitled to be indemnified against Expenses, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Edison Schools Inc)

Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the limitations of Sections Section 2(d), 3 and 4, subject to Sections 2(a) and 2(b)4 above, to the extent that the Indemnitee is has been successful, on the merits or otherwise, in whole or in part, in defense of any action, suit or proceeding (including an action, suit or Proceeding brought by or on behalf of the company) or in defense of any claim, issue or matter therein, including, without limitation, the dismissal of any action without prejudice, or if it is ultimately determined that the Indemnitee is otherwise entitled to be indemnified against Expenses, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (California Water Service Group)

Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the limitations of Sections 3 2(d), 3, and 4, subject to Sections 2(a) and 2(b)4 above, to the extent that the Indemnitee is has been successful, on the merits or otherwise, in whole or in part, in defense of any Proceeding or in defense of any claim, issue issue, or matter therein, including, without limitation, the dismissal of any action without prejudice, or if it is ultimately determined determined, after all appeals by a court of competent jurisdiction, that the Indemnitee is otherwise entitled to be indemnified against Expenses, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (S&W Seed Co)

Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the limitations of Sections Section 2, 3 and 4, subject to Sections 2(a) and 2(b)4 above, to the extent that the Indemnitee is has been successful, on the merits or otherwise, in whole or in part, in defense of any Proceeding Proceeding, or in defense of any claim, issue or matter therein, including, without limitation, the dismissal of any action without prejudice, or if it is ultimately determined determined, by final judicial decision of a court of competent jurisdiction from which there is no further right to appeal, that the Indemnitee is otherwise entitled to be indemnified against Expenses, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (California Water Service Group)

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Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the limitations of Sections 2(c), 2(d), 3 and 4, subject to Sections 2(a) and 2(b)4 above, to the extent that the Indemnitee is has been successful, on the merits or otherwise, in whole or in part, in defense of any Proceeding or in defense of any claim, issue or matter therein, including, without limitation, the dismissal of any action without prejudice, or if it is ultimately determined determined, after all appeals by a court of competent jurisdiction, that the Indemnitee is otherwise entitled to be indemnified against Expenses, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Del Frisco's Restaurant Group, LLC)

Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the limitations of Sections 3 and 4, subject to Sections 2(a) and 2(b)4 above, to the extent that the Indemnitee is has been successful, on the merits or otherwise, in whole or in part, in defense of any Proceeding or in defense of any claim, issue or matter therein, including, without limitation, the dismissal of any action without prejudice, or if it is ultimately determined by final judicial decision of a court of competent jurisdiction from which there is no further right to appeal that the Indemnitee is otherwise entitled to be indemnified against Expenses, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Douglas Dynamics, Inc)

Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the limitations of Sections 3 Section 3(e), 4 and 4, subject to Sections 2(a) and 2(b)5 above, to the extent that the Indemnitee is has been successful, on the merits or otherwise, in whole or in part, in defense of any Proceeding (including an action, suit or proceeding brought by or on behalf of the Company) or in defense of any claim, issue or matter therein, including, without limitation, the dismissal of any action without prejudice, or if it is ultimately determined that the Indemnitee is otherwise entitled to be indemnified against Expenses, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnity Agreement (Bidz.com, Inc.)

Indemnification for Costs, Charges and Expenses of Successful Party. Notwithstanding the limitations of Sections 3 and 4, subject to Sections 2(a) and 2(b)4 above, to the extent that the Indemnitee is has been successful, on the merits or otherwise, in whole or in part, in defense of any Proceeding (including an action, suit or proceeding brought by or on behalf of the Company) or in defense of any claim, issue or matter therein, including, without limitation, the dismissal of any action without prejudice, or if it is ultimately determined that the Indemnitee is otherwise entitled to be indemnified against Expenses, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred or suffered by the Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Fluor Corp)

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