Common use of Mandatory Payment of Expenses Clause in Contracts

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewith.

Appears in 3 contracts

Samples: Indemnification Agreement (Sonicwall Inc), Indemnification Agreement (Kana Communications Inc), Indemnification Agreement (Kintana Inc)

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Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a3(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Applied Science Fiction Inc), Indemnification Agreement (Rainmaker Systems Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by such Indemnitee in connection herewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Alibris Inc), Indemnification Agreement (Alibris Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision ----------------------------- provision of this AgreementAgreement other than Section 9 hereof, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a(1)(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Netflix Inc), Indemnification Agreement (Senesco Technologies Inc)

Mandatory Payment of Expenses. Notwithstanding any ----------------------------- other ----------------------------- provision of this AgreementAgreement other than Section 9 hereof, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a(1)(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Neomagic Corp), Indemnification Agreement (E Stamp Corp)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this AgreementAgreement other than Section 8 hereof, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a(1)(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Goamerica Inc), Indemnification Agreement (Altigen Communications Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have the Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section SECTION 1(a) hereof or in the defense of any claim, issue or matter therein, each the Indemnitee shall be indemnified against all Expenses incurred by such the Indemnitee in connection herewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Universal Electronics Inc), Indemnification Agreement (Ritz Interactive, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a2(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Alloy Steel International Inc), Indemnification Agreement (Alloy Steel International Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(al(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Volcano CORP), Indemnification Agreement (Novamed Eyecare Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this AgreementAgreement other than Section 7 hereof, to the extent that Indemnitees have the Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a) 1.1 hereof or in the defense of any claim, issue or matter therein, each the Indemnitee shall be indemnified against all financial obligations and Expenses incurred by such the Indemnitee in connection herewiththerewith.

Appears in 2 contracts

Samples: Equity Joint Venture Agreement (InMode Ltd.), Equity Joint Venture Agreement (InMode Ltd.)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Metasolv Software Inc), Indemnification Agreement (Exodus Communications Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this AgreementAgreement except for Section 8, to the extent that Indemnitees have an Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each the Indemnitee shall be indemnified against all Expenses incurred by such the Indemnitee in connection herewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Skyterra Communications Inc), Indemnification Agreement (Hughes Communications, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this AgreementAgreement other than Section 9 hereof, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry inquiry, or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue issue, or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 2 contracts

Samples: Indemnification Agreement (CSG Systems International Inc), Indemnification Agreement (CSG Systems International Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision ----------------------------- provision of this AgreementAgreement other than Section 9 hereof, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a(l)(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 1 contract

Samples: Separation Agreement (Crossworlds Software Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this AgreementAgreement other than Section 9 hereof, to the extent that Indemnitees have Indemnitee has been successful on the merits of any cause of action or otherwise, including, without limitation, the by dismissal of an action with or without prejudice, or by settlement, judgment, order or otherwise, in the defense of any action, suit, proceeding, inquiry or investigation Claim referred to in Section 1(al(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 1 contract

Samples: Indemnification Agreement (Silicon Graphics Inc)

Mandatory Payment of Expenses. Notwithstanding any ----------------------------- other ----------------------------- provision of this Agreement, to the extent that Indemnitees have been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewith.

Appears in 1 contract

Samples: Indemnification Agreement (Releasenow Com Corp)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees Indemnitee have been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewith.

Appears in 1 contract

Samples: Indemnification Agreement (Ise Labs Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, arbitration, proceeding, inquiry or investigation referred to in Section 1(a(1)(a) or (b) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 1 contract

Samples: Indemnification Agreement (Ceva Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this AgreementAgreement other than section 9 hereof, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(asection (1)(a) hereof or in the defense of any claim, issue or matter therein, each such Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 1 contract

Samples: Indemnification Agreement (Garden Com Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this AgreementAgreement other than Section 9 hereof, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a(l)(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 1 contract

Samples: Indemnification Agreement (Crossworlds Software Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewith.

Appears in 1 contract

Samples: Indemnification Agreement (Alliance Medical Corp)

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Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have an Indenmitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a3(a) hereof or in the defense of any claim, issue or matter therein, each such Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewith.

Appears in 1 contract

Samples: Indemnification Agreement (Fusion-Io, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this AgreementAgreement other than Sections 9 and 13 hereof, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without with prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 1 contract

Samples: Indemnification Agreement (Innophos Investment Holdings, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this AgreementAgreement other than Section 9 hereof, to the extent that Indemnitees have an Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a(1)(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 1 contract

Samples: Indemnification Agreement (Whitehall Jewellers Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof hereof, in NRS 78.7502(1) or 78.7502(2), or in the defense of any claim, issue or matter therein, each the Indemnitee shall be indemnified against all Expenses incurred by such the Indemnitee in connection herewiththerewith.

Appears in 1 contract

Samples: Indemnification Agreement (FriendFinder Networks Inc.)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwisemerits, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 1 contract

Samples: Indemnification Agreement (Jamdat Mobile Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have the Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation Claim referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each including the dismissal of any action without prejudice, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by such Indemnitee in connection herewith.

Appears in 1 contract

Samples: Indemnification Agreement (MINISO Group Holding LTD)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have an Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a(1)(a) hereof or in the defense of any claim, issue or matter therein, each such Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 1 contract

Samples: Director Indemnification Agreement (Innovate Biopharmaceuticals, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, but subject to Section 7 below, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, including the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewith.

Appears in 1 contract

Samples: Indemnification Agreement (BridgeBio Pharma, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this AgreementAgreement other than Section 8 hereof, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 1 contract

Samples: Indemnification Agreement (Linear Technology Corp /Ca/)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this AgreementAgreement other than Section 9 hereof, to the extent that Indemnitees have an Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a(1)(a) hereof or in the defense of any claim, issue or matter therein, each such Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 1 contract

Samples: Indemnification Agreement (Replidyne Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this AgreementAgreement other than Section 8 hereof, to the extent that Indemnitees have an Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a(1) (a) hereof or in the defense of any claim, issue or matter therein, each such Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewiththerewith.

Appears in 1 contract

Samples: Indemnification Agreement (Airgate Wireless Inc)

Mandatory Payment of Expenses. Notwithstanding any ----------------------------- other ----------------------------- provision of this Agreement, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a3(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewith.

Appears in 1 contract

Samples: Indemnification & Liability (Catalytica Energy Systems Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement, to the extent that Indemnitees have Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any action, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection herewith. 2.

Appears in 1 contract

Samples: Board of Directors Agreement (Apollo Medical Holdings, Inc.)

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