Common use of Mutual Acknowledgment Clause in Contracts

Mutual Acknowledgment. Both the Company and Indemnitee acknowledge that in certain instances, federal or state law or applicable public policy may prohibit the Company from advancing expenses or indemnifying Indemnitee under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company may be required in the future to undertake with 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. Any action taken pursuant to the terms of this Section 8 shall not constitute a breach of this Agreement.

Appears in 20 contracts

Samples: Indemnification Agreement (Tributary Funds, Inc.), Indemnification Agreement (Tributary Funds, Inc.), Indemnification Agreement (Tributary Funds, Inc.)

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Mutual Acknowledgment. Both the Company and Indemnitee acknowledge that in certain instances, federal or state U.S. Federal law or applicable public policy may prohibit the Company from advancing expenses or indemnifying Indemnitee its directors, officers or employees under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company may be required in the future to undertake with 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. Any action taken pursuant to the terms of this Section 8 7 shall not constitute a breach of this Agreement.

Appears in 8 contracts

Samples: Indemnification Agreement (TDK Mediactive Inc), Indemnification Agreement (TDK Mediactive Inc), Indemnification Agreement (TDK Mediactive Inc)

Mutual Acknowledgment. Both the Company and Indemnitee acknowledge that in certain instances, federal or state U.S. Federal law or applicable public policy may prohibit the Company from advancing expenses or indemnifying Indemnitee its directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company may be required in the future to undertake with 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. Any action taken pursuant to the terms of this Section 8 shall not constitute a breach of this Agreement.

Appears in 4 contracts

Samples: Indemnification Agreement (Adelphia Communications Corp), Indemnification Agreement (Adelphia Communications Corp), Indemnification Agreement (Adelphia Communications Corp)

Mutual Acknowledgment. Both the Company and Indemnitee acknowledge that in certain instances, federal or state law or applicable public policy may prohibit the Company from advancing expenses or indemnifying Indemnitee under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company may be required in the future to undertake with 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. Any action taken pursuant to the terms of this Section 8 shall not constitute a breach of this Agreement.

Appears in 4 contracts

Samples: Indemnification Agreement (Tributary Funds, Inc.), Indemnification Agreement (Tributary Funds, Inc.), Indemnification Agreement (Tributary Funds, Inc.)

Mutual Acknowledgment. Both Each of the Company and Indemnitee acknowledge acknowledges that in certain instances, federal or state U.S. Federal law or applicable public policy may prohibit the Company from advancing expenses or indemnifying Indemnitee its directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company may be required in the future to undertake with 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. Any action taken pursuant to the terms of this Section 8 shall not constitute a breach of this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Cellstar Corp), Indemnification Agreement (Cellstar Corp)

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Mutual Acknowledgment. Both the Company and Indemnitee acknowledge that in certain instances, federal or state U.S. Federal law or applicable public policy may prohibit the Company from advancing expenses or indemnifying Indemnitee its directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company may be required in the future to undertake with 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. Any action taken pursuant to the terms of this Section 8 shall not constitute a breach of this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Adelphia Communications Corp)

Mutual Acknowledgment. Both Each of the Company and Indemnitee acknowledge acknowledges that in certain instances, federal or state U.S. Federal law or applicable public policy may prohibit the Company from advancing expenses or indemnifying Indemnitee its directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company may be required in the future to undertake with 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. Any action taken pursuant to the terms of this Section 8 shall not constitute a breach of this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (CLST Holdings, Inc.)

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