Common use of Indemnity of Indemnitee Clause in Contracts

Indemnity of Indemnitee. The Company hereby agrees to indemnify Indemnitee (as defined in Section 13(a) hereof) to the fullest extent permitted by applicable law, even if such indemnification is not specifically authorized by the other provisions of this Agreement, the Certificate, the Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Texas corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, controlling person, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Texas corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties’ rights and obligations hereunder except as set forth in Section 10(a) hereof.

Appears in 2 contracts

Samples: Indemnification Agreement, Indemnification Agreement (Whiteglove House Call Health Inc)

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Indemnity of Indemnitee. The Company hereby agrees to indemnify Indemnitee (as defined in Section 13(a) hereof) to the fullest extent permitted by applicable law, even if such indemnification is not specifically authorized by the other provisions of this Agreement, the Company’s Certificate of Incorporation (the “Certificate”), the Company’s Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, controlling person, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties’ rights and obligations hereunder except as set forth in Section 10(a9(a) hereof.

Appears in 2 contracts

Samples: Voting Agreement (Newgistics, Inc), Indemnity Agreement (Newgistics, Inc)

Indemnity of Indemnitee. The Company hereby agrees to indemnify Indemnitee (as defined in Section 13(a) hereof) to the fullest extent permitted by applicable law, even if such indemnification is not specifically authorized by the other provisions of this Agreement, the Company’s Certificate of Incorporation as amended from time to time (the “Certificate”), the Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, controlling person, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties’ rights and obligations hereunder except as set forth in Section 10(a) hereof.

Appears in 1 contract

Samples: Indemnification Agreement (LDR Holding Corp)

Indemnity of Indemnitee. The Company hereby agrees to indemnify Indemnitee (as defined in Section 13(a) hereof) to the fullest extent permitted by applicable law, even if such indemnification is not specifically authorized by the other provisions of this Agreement, the Company's Certificate of Incorporation (the "Certificate"), the Company's Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Texas Nevada corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, controlling person, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Texas Nevada corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties' rights and obligations hereunder except as set forth in Section 10(a9(a) hereof.

Appears in 1 contract

Samples: Icoa Indemnification Agreement (Icoa Inc)

Indemnity of Indemnitee. The Company hereby agrees to indemnify ----------------------- Indemnitee (as defined in Section 13(a) hereof) to the fullest extent permitted by applicable law, even if such indemnification is not specifically authorized by the other provisions of this Agreement, the Company's Certificate of Incorporation (the "Certificate"), the Company's Bylaws ----------- or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, controlling person, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties' rights and obligations hereunder except as set forth in Section 10(a9(a) hereof.

Appears in 1 contract

Samples: Form of Indemnity Agreement (Catalytica Energy Systems Inc)

Indemnity of Indemnitee. The Company hereby agrees to indemnify Indemnitee (as defined in Section 13(a) hereof) to the fullest extent permitted by applicable law, even if such indemnification is not specifically authorized by the other provisions of this Agreement, the Company’s Certificate of Incorporation (the “Certificate”), the Company’s Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, controlling person, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties’ rights and obligations hereunder except as set forth in Section 10(a) 9 hereof.

Appears in 1 contract

Samples: Indemnification Agreement (Iteris Holdings Inc)

Indemnity of Indemnitee. The Company hereby agrees to indemnify Indemnitee (as defined in Section 13(a) hereof) to the fullest extent permitted by applicable law, even if such indemnification is not specifically authorized by the other provisions of this Agreement, the Company’s Certificate of Incorporation (the “Certificate”), the Company’s Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, controlling person, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholderemployee, employeecontrolling person, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties’ rights and obligations hereunder except as set forth in Section 10(a9(a) hereof.

Appears in 1 contract

Samples: Indemnification Agreement (Masergy Communications Inc)

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Indemnity of Indemnitee. The Company hereby agrees to indemnify Indemnitee (as defined in Section 13(a) hereof) to the fullest extent permitted by applicable law, even if such indemnification is not specifically authorized by the other provisions of this Agreement, the Company’s Certificate of Incorporation (the “Certificate”), the Company’s Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, controlling person, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties’ rights and obligations hereunder except as set forth in Section 10(a) hereofhereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Inet Technologies Inc)

Indemnity of Indemnitee. The Company hereby agrees to indemnify ----------------------- Indemnitee (as defined in Section 13(a) hereof) to the fullest extent permitted by applicable law, even if such indemnification is not specifically authorized by the other provisions of this Agreement, the Company's Certificate of Incorporation (the "Certificate"), the Company's Bylaws or by statute. In the ----------- event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, controlling person, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties' rights and obligations hereunder except as set forth in Section 10(a9(a) hereof.

Appears in 1 contract

Samples: Indemnification Agreement (Rainmaker Systems Inc)

Indemnity of Indemnitee. The Company hereby agrees to indemnify Indemnitee (as defined in Section 13(a) hereof) to the fullest extent permitted by applicable law, even if such indemnification is not specifically authorized by the other provisions of this Agreement, the Company’s Amended and Restated Certificate of Incorporation (the “Certificate”), the Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which that expands the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, controlling person, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which that narrows the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties’ rights and obligations hereunder except as set forth in Section 10(a9(a) hereof.

Appears in 1 contract

Samples: Indemnification Agreement (Comverge, Inc.)

Indemnity of Indemnitee. The Company hereby agrees to ----------------------- indemnify Indemnitee (as defined in Section 13(a) hereof) to the fullest extent permitted by applicable law, even if such indemnification is not specifically authorized by the other provisions of this Agreement, the Company's Certificate of Incorporation (the "Certificate"), the ----------- Company's Bylaws or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, controlling person, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Texas Delaware corporation to indemnify a member of its Board of Directors or an officer, shareholder, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties' rights and obligations hereunder except as set forth in Section 10(a9(a) hereof.

Appears in 1 contract

Samples: Indemnity Agreement (Applied Science Fiction Inc)

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