Common use of Indemnitee as Plaintiff Clause in Contracts

Indemnitee as Plaintiff. Except as provided in Section 11(c) of this Agreement and in the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless such Company has consented to the initiation of such Proceeding. This Section shall not apply to counterclaims or affirmative defenses asserted by Indemnitee in an action brought against Indemnitee.

Indemnitee as Plaintiff. Except as provided in Section 11(c10(c) of this Agreement and in the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless such the Company has consented to the initiation of such Proceeding. This Section shall not apply to counterclaims or affirmative defenses asserted by Indemnitee Indernnitee in an action brought against Indemnitee.

Indemnitee as Plaintiff. Except as provided in Section 11(c) 10C of this Agreement and in the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless such Company has consented to the initiation of such Proceeding. This Section 14H shall not apply to counterclaims or affirmative defenses asserted by Indemnitee in an action any Proceeding brought against Indemnitee.

Indemnitee as Plaintiff. Except as provided in Section 11(c) 10C of this Agreement and in the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless such Company has consented to the initiation of such Proceeding. This Section 14G shall not apply to counterclaims or affirmative defenses asserted by Indemnitee in an action any Proceeding brought against Indemnitee.

Indemnitee as Plaintiff. Except as provided in Section 11(c9(c) of this Agreement and in the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director then current or former director, officer or employee thereof, or any third party, unless such the Board of Directors of the Company has consented to the initiation of such Proceeding. This Section 18 shall not apply to counterclaims or affirmative defenses asserted by Indemnitee in an action any Proceeding brought against Indemnitee.

Indemnitee as Plaintiff. Except as provided in Section 11(c) 10C of this Agreement and in the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless such Company has consented to the initiation of such Proceeding. This Section 15G shall not apply to counterclaims or affirmative defenses asserted by Indemnitee in an action any Proceeding brought against Indemnitee.

Indemnitee as Plaintiff. Except as provided in Section 11(c10(c) of this Agreement and in the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless such the Company has consented to the initiation of such Proceeding. This Section shall not apply to counterclaims or affirmative defenses asserted by Indemnitee in an action any Proceeding brought against IndemniteeIndemnitee or to any proceeding brought in good faith by Indemnitee to enforce his or her rights under this Agreement.