Mutual Acknowledgment. Both the Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company may be required in the future to undertake to the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee and, in that event, the Indemnitee's rights and the Company's obligations hereunder shall be subject to that determination.
Appears in 17 contracts
Samples: Director and Officer Indemnification Agreement (Ix Energy Holdings, Inc.), Indemnification Agreement (Darwin Resources Corp.), Indemnification Agreement (Towerstream Corp)
Mutual Acknowledgment. Both the Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company may be required in the future to undertake to the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee and, in that event, the Indemnitee's ’s rights and the Company's ’s obligations hereunder shall be subject to that determination.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Neuro-Hitech, Inc.)
