Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 5 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in 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, the Company shall indemnify Indemnitee against all Expenses incurred by Indemnitee in connection therewith.
Appears in 3 contracts
Samples: Indemnification Agreement (Keo International), Indemnification Agreement (Keo International), Indemnification Agreement (Keo International)
Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement other than Section 5 hereofAgreement, to the extent that Indemnitee has 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)(a1(a) hereof or in the defense of any claim, issue or matter therein, the Company each Indemnitee shall indemnify Indemnitee be indemnified against all Expenses incurred by such Indemnitee in connection therewithherewith.
Appears in 3 contracts
Samples: Indemnification Agreement (Kana Communications Inc), Indemnification Agreement (Sonicwall Inc), Indemnification Agreement (Kintana Inc)
Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 5 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in 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, the Company Indemnitee shall indemnify Indemnitee be indemnified against all Expenses incurred by Indemnitee in connection therewith.
Appears in 3 contracts
Samples: Indemnification Agreement (Oramed Pharmaceuticals Inc.), Indemnification Agreement (Oramed Pharmaceuticals Inc.), Indemnification Agreement (Gammacan International Inc)
Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement other than Section 5 hereofAgreement, to the extent that 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, the Company Indemnitee shall indemnify Indemnitee be indemnified against all Expenses incurred by Indemnitee in connection therewithherewith.
Appears in 2 contracts
Samples: Indemnification Agreement (Rainmaker Systems Inc), Indemnity Agreement (Applied Science Fiction Inc)
Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than except for Section 5 hereof8, to the extent that 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)(a1(a) hereof or in the defense of any claim, issue or matter therein, the Company Indemnitee shall indemnify Indemnitee be indemnified against all Expenses incurred by the Indemnitee in connection therewithherewith.
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 Agreement other than Section 5 hereofAgreement, to the extent that 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, the Company each Indemnitee shall indemnify Indemnitee be indemnified against all Expenses incurred by such Indemnitee in connection therewithherewith.
Appears in 2 contracts
Samples: Indemnification Agreement (Volcano CORP), Indemnification Agreement (Novamed Eyecare Inc)
Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 5 hereofAgreement, to the extent that 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)(aSECTION 1(a) hereof or in the defense of any claim, issue or matter therein, the Company Indemnitee shall indemnify Indemnitee be indemnified against all Expenses incurred by the Indemnitee in connection therewithherewith.
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 other than Section 5 7 hereof, to the extent that the Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in 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, the Company Indemnitee shall indemnify Indemnitee be indemnified against all financial obligations and Expenses incurred by the Indemnitee in connection therewith.
Appears in 2 contracts
Samples: Indemnification Agreement (InMode Ltd.), Indemnification Agreement (InMode Ltd.)
Mandatory Payment of Expenses. Notwithstanding any other provision ----------------------------- of this Agreement other than Section 5 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in 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, the Company Indemnitee shall indemnify Indemnitee be indemnified against all Expenses incurred by Indemnitee in connection therewith.
Appears in 2 contracts
Samples: Indemnification Agreement (Senesco Technologies Inc), Indemnification Agreement (Netflix Inc)
Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement other than Section 5 hereofAgreement, to the extent that 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)(a1(a) hereof or in the defense of any claim, issue or matter therein, the Company each Indemnitee shall indemnify Indemnitee be indemnified against all Expenses incurred by such Indemnitee in connection therewithherewith.
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 ----------------------------- Agreement other than Section 5 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in 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, the Company shall indemnify Indemnitee against all Expenses incurred by Indemnitee in connection therewith.
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Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Agreement, but subject to Section 5 hereof7 below, to the extent that 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)(a1(a) hereof or in the defense of any claim, issue or matter therein, the Company each Indemnitee shall indemnify Indemnitee be indemnified against all Expenses incurred by such Indemnitee in connection therewithherewith.
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Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 5 8 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in 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, the Company Indemnitee shall indemnify Indemnitee be indemnified against all Expenses actually and reasonably incurred by Indemnitee in connection therewith.
Appears in 1 contract
Samples: Director Indemnification Agreement (Levi Strauss & Co)
Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 5 8 hereof, to the extent that 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)(a1) (a) hereof or in the defense of any claim, issue or matter therein, the Company such Indemnitee shall indemnify Indemnitee be indemnified against all Expenses incurred by such Indemnitee in connection therewith.
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Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement other than Section 5 hereofAgreement, to the extent that Indemnitee has 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)(a1(a) hereof or in the defense of any claim, issue or matter therein, the Company Indemnitee shall indemnify Indemnitee be indemnified against all Expenses incurred by Indemnitee in connection therewithherewith.
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Mandatory Payment of Expenses. Notwithstanding any other provision prevision of this Agreement other than Section 5 8 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in 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, the Company Indemnitee shall indemnify Indemnitee be indemnified against all financial obligations and Expenses incurred by Indemnitee in connection therewith.
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Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 5 8 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any action, suit, proceeding, inquiry or investigation referred to in Section (1)(a1(a) hereof or in the defense of any claim, issue or matter therein, the Company Indemnitee shall indemnify Indemnitee be indemnified against all Expenses incurred by Indemnitee in connection therewith.
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Mandatory Payment of Expenses. Notwithstanding any ----------------------------- other provision of this Agreement other than Section 5 hereofAgreement, to the extent that 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, the Company Indemnitee shall indemnify Indemnitee be indemnified against all Expenses incurred by Indemnitee in connection therewithherewith.
Appears in 1 contract
Samples: Form of Indemnity Agreement (Catalytica Energy Systems Inc)