Common use of Initiation of Proceeding Clause in Contracts

Initiation of Proceeding. Notwithstanding anything in this Agreement to the contrary, Indemnitee shall not be entitled to indemnification pursuant to this Agreement in connection with any Proceeding initiated by Indemnitee against the Company or any director or officer of the Company unless

Appears in 1 contract

Samples: Indemnification Agreement (Destia Communications Inc)

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Initiation of Proceeding. Notwithstanding anything in this Agreement to the contrary, Indemnitee shall not be entitled to indemnification pursuant to under this Agreement in connection with any Proceeding initiated by Indemnitee against the Company or any director director, officer, employee or officer agent of the Company unless:

Appears in 1 contract

Samples: Indemnification Agreement (Websidestory Inc)

Initiation of Proceeding. Notwithstanding anything in this Agreement to the contrary, Indemnitee shall not be entitled to indemnification pursuant to this Agreement in connection with any Proceeding initiated by Indemnitee against the Company or any director or officer of the Company unlessunless first authorized by the Board.

Appears in 1 contract

Samples: Indemnification Agreement (Elandia, Inc.)

Initiation of Proceeding. Notwithstanding anything in this Agreement to the contrary, Indemnitee shall not be entitled to indemnification pursuant to this Agreement in connection with any Proceeding initiated by Indemnitee against the Company or any director or 40 officer of the Company unlessunless (i) the Company has joined in or the Board of Directors has consented to the initiation of such Proceeding, or (ii) the Proceeding is one to enforce indemnification rights.

Appears in 1 contract

Samples: Indemnity Agreement (Ps Business Parks Inc/Ca)

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Initiation of Proceeding. Notwithstanding anything in this Agreement to the contrary, Indemnitee shall not be entitled to indemnification pursuant to under this Agreement in connection with any Proceeding initiated by Indemnitee against the Company or any director or officer of the Company unless:

Appears in 1 contract

Samples: Indemnification Agreement (Overland Data Inc)

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