Common use of Initial Request Clause in Contracts

Initial Request. To obtain indemnification under this Agreement (other than advancement of Expenses pursuant to Article V), Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification including, but not limited to, a description of the nature of the Proceeding and the facts underlying the Proceeding. The Secretary of the Company shall promptly advise the Board in writing that Indemnitee has requested indemnification. The omission by Indemnitee to notify the Company hereunder will not relieve the Company from any liability which it may have to Indemnitee hereunder or otherwise than under this Agreement, and any delay in so notifying the Company shall not constitute a waiver by Indemnitee of any rights under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Transwitch Corp /De), Form of Indemnification Agreement (Transwitch Corp /De)

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Initial Request. To obtain indemnification under this Agreement (other than advancement of Expenses pursuant to Article V), Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification including, but not limited to, a description of the nature of the Proceeding and the facts underlying the Proceeding. The Secretary of the Company shall promptly advise the Board in writing that Indemnitee has requested indemnification. The omission by Indemnitee to notify the Company hereunder will not relieve the Company from any liability which it may have to Indemnitee hereunder or otherwise than under this Agreement, and any delay in so notifying the Company shall not constitute a waiver by Indemnitee of any rights under this Agreementagreement.

Appears in 1 contract

Samples: Indemnification Agreement (Hologic Inc)

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Initial Request. To obtain indemnification under this Agreement (other than advancement of Expenses pursuant to Article VSection 5), Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification including, but not limited to, a description of the nature of the Proceeding and the facts underlying the Proceeding. The Secretary of the Company shall promptly advise the Board in writing that Indemnitee has requested indemnification. The omission by Indemnitee to notify the Company hereunder will not relieve the Company from any liability which it may have to Indemnitee hereunder or otherwise than under this Agreement, and any delay in so notifying the Company shall not constitute a waiver by Indemnitee of any rights under this Agreementagreement.

Appears in 1 contract

Samples: Indemnification Agreement (Aldila Inc)

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