Indemnitee Rights on Unfavorable Determination; Binding Effect. If any Reviewing Party determines that Indemnitee substantively is not entitled to be indemnified hereunder in whole or in part under applicable law, Indemnitee shall have the right to commence litigation seeking an initial determination by the court or challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and the Company hereby consents to service of process and to appear in any such proceeding.
Appears in 7 contracts
Samples: Indemnification Agreement (Merit Medical Systems Inc), Indemnification Agreement (Merit Medical Systems Inc), Indemnification Agreement (Merit Medical Systems Inc)
Indemnitee Rights on Unfavorable Determination; Binding Effect. If any Reviewing Party determines that Indemnitee substantively is not entitled to be indemnified hereunder in whole or in part under applicable law, Indemnitee shall have the right to commence litigation seeking an initial determination by the court or challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and the Company hereby consents to service of process and to appear in any such proceedingProceeding. Absent such litigation, any determination by any Reviewing Party shall be conclusive and binding on the Company and Indemnitee.
Appears in 4 contracts
Samples: Indemnification Agreement (Dynatronics Corp), Indemnification Agreement (Dynatronics Corp), Indemnification Agreement (Dynatronics Corp)
Indemnitee Rights on Unfavorable Determination; Binding Effect. If any Reviewing Party determines that Indemnitee substantively is not entitled makes a determination relating to be indemnified hereunder in whole indemnification either the Company or in part under applicable law, the Indemnitee shall have the right to commence litigation seeking an initial determination by the court or challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefortherefore, and, subject to the provisions of Section 14(d) each of the Company and the Company Indemnitee hereby consents to service of process and to appear in any such proceeding.
Appears in 4 contracts
Samples: Indemnification Agreement (Westpoint International Inc), Indemnification Agreement (Xo Communications Inc), Indemnification Agreement (Xo Communications Inc)
Indemnitee Rights on Unfavorable Determination; Binding Effect. If any Reviewing Party determines that Indemnitee substantively is not entitled to be indemnified hereunder in whole or in part under applicable law, Indemnitee shall have the right to commence litigation seeking an initial determination by the court or challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and and, subject to the provisions of Section 15, the Company hereby consents to service of process and to appear in any such proceeding.
Appears in 2 contracts
Samples: Indemnification Agreement (McClatchy Co), Indemnification Agreement (Autodesk Inc)
Indemnitee Rights on Unfavorable Determination; Binding Effect. If any a Reviewing Party determines that Indemnitee substantively is not entitled to be indemnified hereunder in whole or in part under applicable law, Indemnitee shall have the right to commence litigation seeking an initial determination by the court or challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and and, subject to the provisions of Section 15, the Company hereby consents to service of process and to appear in any such proceeding.
Appears in 1 contract
Indemnitee Rights on Unfavorable Determination; Binding Effect. If any Reviewing Party determines that Indemnitee substantively is not entitled to be indemnified hereunder in whole or in part under applicable law, Indemnitee shall have the right to commence litigation seeking an initial determination determination, by the court or challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and and, subject to the provisions of Section 15, the Company hereby consents to service of process and to appear in any such proceeding.. Absent such litigation,
Appears in 1 contract
Indemnitee Rights on Unfavorable Determination; Binding Effect. If any Reviewing Party determines that Indemnitee substantively is not entitled to be indemnified hereunder in whole or in part under applicable law, Indemnitee shall have the right to commence litigation seeking an initial determination by the court or challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and the Company hereby consents to service of process and to appear in any such proceeding.. Absent such litigation, any determination by any Reviewing Party shall be conclusive and binding on the Company and Indemnitee. β
Appears in 1 contract
Samples: Agreement (Skywest Inc)
