No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and to the extent that Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise.
Appears in 11 contracts
Samples: Indemnification Agreement (Consolidated Communications Holdings, Inc.), Indemnification Agreement (Geokinetics Inc), Indemnification Agreement (Atherogenics Inc)
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any claim made against Indemnitee to the extent that Indemnitee has otherwise actually received such payment (under any other agreement, any insurance policy, contractthe Company’s Certificate of Incorporation, agreement the Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder. 14.
Appears in 8 contracts
Samples: Indemnification Agreement (Cpi Corp), Indemnification Agreement (Cpi Corp), Indemnification Agreement (Cpi Corp)
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and to the extent that Indemnitee has otherwise actually received payment of such payment amount under any insurance policy, contract, agreement agreement, any provision of the Charter or Bylaws, or otherwise.
Appears in 5 contracts
Samples: Indemnification Agreement (Quality Care Properties, Inc.), Indemnification Agreement (Prologis, L.P.), Indemnification Agreement (Kilroy Realty Corp)
No Duplication of Payment. The Company Corporation shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and to the extent that Indemnitee has otherwise actually received such payment (under any insurance policy, contract, agreement Bylaw or otherwise) of the amounts otherwise indemnifiable under this Agreement.
Appears in 4 contracts
Samples: Indemnity Agreement (Manatron Inc), Indemnification & Liability (Fremont Michigan Insuracorp Inc), Indemnity Agreement (Manatron Inc)
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any claim made against Indemnitee to the extent that Indemnitee has otherwise actually received such payment (under any insurance policy, contract, agreement Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 3 contracts
Samples: Employment Agreement (United Western Bancorp Inc), Indemnification Agreement (Cheap Tickets Inc), Indemnification Agreement (Broadband Sports Inc)
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any claim made against Indemnitee to the extent that Indemnitee has otherwise actually received such payment (under any insurance policy, contract, agreement Bylaw provision or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Sunrise Senior Living Inc), Indemnification Agreement (Sunrise Senior Living Inc)
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any Proceeding brought against or involving the Indemnitee to the extent that the Indemnitee has otherwise actually received such payment (under any insurance policy, contract, agreement bylaw or otherwise) of the amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder and not subject to repayment).
Appears in 2 contracts
Samples: Indemnification Agreement (China HGS Real Estate Inc.), Indemnification Agreement (China HGS Real Estate Inc.)
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any claim made against Indemnitee to the extent that Indemnitee has otherwise actually received such payment (under any insurance policy, contract, agreement By-law provision or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Formation Agreement (Brookdale Living Communities Inc), Indemnification Agreement (Brookdale Living Communities Inc)
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any claim made against Indemnitee to the extent that Indemnitee has otherwise actually received such payment (under any other agreement, any insurance policy, contractthe Company’s Certificate of Incorporation, agreement the Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Cpi Corp)
No Duplication of Payment. The Company shall not be liable obligated under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that payment has actually been made to or on behalf of Indemnitee has otherwise actually received such payment under any statute, insurance policy, contract, agreement indemnity provision or otherwise.
Appears in 1 contract
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any Proceeding brought against or involving the Indemnitee to the extent that the Indemnitee has otherwise actually received such payment (under any insurance policy, contract, agreement bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (International Wire Group Inc)
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any claim made against Indemnitee to the extent that Indemnitee has otherwise actually received such payment (under any insurance policy, contract, agreement By-Law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received such payment (under any insurance policy, contract, agreement the By Laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any Proceeding to the extent that the Indemnitee has otherwise actually received such payment (under any insurance policypolicy or under a valid and enforceable indemnity clause, contract, by-law or agreement of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any Claim made against Indemnitee to the extent that Indemnitee has otherwise actually received such payment (under any insurance policy, contractprovision of the Company's Certificate of Incorporation, agreement Bylaws or otherwise) of the amounts otherwise payable hereunder.
Appears in 1 contract
Samples: Indemnification & Liability (Navigation Technologies Corp)
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any claim made against Indemnitee to the extent that Indemnitee has otherwise actually received such payment (under any insurance policy, contract, agreement the Certificate or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Cereus Technology Partners Inc)
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any Claim made against Indemnitee to the extent that Indemnitee has otherwise actually received such payment (under any insurance policy, contract, agreement the Charter Documents or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (North American Galvanizing & Coatings Inc)
No Duplication of Payment. The Company Corporation shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any claim made against Indemnitee to the extent that Indemnitee has otherwise actually received such payment (under any insurance policy, contract, agreement provision of the Corporation's charter or Bylaws or otherwise.) of the amounts otherwise indemnifiable hereunder
Appears in 1 contract
Samples: Indemnification Agreement (Idaho General Mines Inc)
No Duplication of Payment. The Company Corporation shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any claim made against Indemnitee to the extent that Indemnitee has otherwise actually received such payment (under any insurance policy, contract, agreement provision of the Corporation’s charter or Bylaws or otherwise.) of the amounts otherwise indemnifiable hereunder
Appears in 1 contract
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any Claim made against Indemnitee to the extent that Indemnitee has otherwise actually received such payment (under any insurance policy, contractprovision of the Company's Certificate of Incorporation, agreement Bylaw (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Genesis Microchip Inc /De)
No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and in connection with any claim made against Indemnitee to the extent that Indemnitee has otherwise actually received such payment (under any insurance policy, contract, agreement the Charter Documents or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Parker Drilling Co /De/)
