No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 115 contracts
Samples: Indemnification Agreement (Genvor Inc), Indemnification Agreement (Genvor Inc), Indemnification Agreement (Genvor Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 90 contracts
Samples: Indemnification Agreement (CBD Life Sciences Inc.), Indemnification Agreement (PHX Minerals Inc.), Indemnification Agreement (CBD Life Sciences Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 64 contracts
Samples: Indemnification Agreement (Duck Creek Technologies, Inc.), Form of Indemnification Agreement (Liberty Expedia Holdings, Inc.), Form of Indemnification Agreement (CommerceHub, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 47 contracts
Samples: Indemnification Agreement (Symyx Technologies Inc), Indemnification Agreement (McClatchy Co), Indemnification Agreement (Healtheon Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder, except as provided in Section 18 below.
Appears in 47 contracts
Samples: Indemnification Agreement (4D Molecular Therapeutics Inc.), Indemnification Agreement (Corsair Gaming, Inc.), Indemnification Agreement
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 42 contracts
Samples: Form of Indemnification Agreement (BeyondSpring Inc.), Indemnification Agreement (Armstrong Flooring, Inc.), Indemnification Agreement (Collective Brands, Inc.)
No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationthe Charter, Bylaw the Bylaws or otherwise) of the amounts otherwise indemnifiable Indemnifiable hereunder.
Appears in 38 contracts
Samples: Indemnification Agreement (Mack Cali Realty L P), Indemnification Agreement (Mack Cali Realty L P), Indemnification Agreement (Mack Cali Realty L P)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 37 contracts
Samples: Director Agreement (Islet Sciences, Inc), Director Agreement (Islet Sciences, Inc), Indemnification Agreement (Marrone Bio Innovations Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 36 contracts
Samples: Separation Agreement and General Release (Comscore, Inc.), Separation Agreement and General Release (Comscore, Inc.), Indemnification Agreement (Amira Nature Foods Ltd.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable Indemnifiable hereunder.
Appears in 32 contracts
Samples: . Indemnification Agreement (Vistagen Therapeutics, Inc.), Indemnification Agreement (Vistagen Therapeutics, Inc.), Indemnification Agreement (VistaGen Therapeutics, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationbylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 29 contracts
Samples: Indemnification Agreement (UTime LTD), Indemnification Agreement (Stem, Inc.), Consulting Agreement (Clearsign Combustion Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 29 contracts
Samples: Indemnification Agreement (Dealertrack Technologies, Inc), Indemnification Agreement (Aruba Networks, Inc.), Indemnification Agreement (Ziprealty Inc)
No Duplication of Payments. The Notwithstanding anything herein to the contrary, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, any other agreement, the Company’s Certificate of Incorporation, Bylaw and Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 29 contracts
Samples: Board of Directors Agreement (Cyber App Solutions Corp.), Board of Directors Agreement (Kaival Brands Innovations Group, Inc.), Board of Directors Agreement (Kaival Brands Innovations Group, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 24 contracts
Samples: Indemnification Agreement (Foot Locker, Inc.), Indemnification Agreement (PF2 SpinCo, Inc.), Indemnification Agreement (Trimble Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 24 contracts
Samples: Securities Purchase Agreement (Mti Technology Corp), Indemnity Agreement (Osullivan Industries Holdings Inc), Indemnification Agreement (Mti Technology Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Expense or Liability of Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationArticles, Bylaw Bylaws, or otherwise) of the amounts otherwise indemnifiable hereunder. This Agreement shall supersede any prior indemnification agreement between Indemnitee and the Company.
Appears in 23 contracts
Samples: Form of Indemnification Agreement (Buckle Inc), Indemnification Agreement (Tributary Funds, Inc.), Indemnification Agreement (Tributary Funds, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim action, suit, proceeding, inquiry or investigation made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 22 contracts
Samples: Indemnification Agreement (Sevion Therapeutics, Inc.), Indemnification Agreement (Senesco Technologies Inc), Indemnification Agreement (Senesco Technologies Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 22 contracts
Samples: Indemnification Agreement (Exponent Inc), Indemnification Agreement (Cathay General Bancorp), Indemnification Agreement (Greektown Newco Sub, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationvote, Bylaw agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 21 contracts
Samples: Indemnification Agreement (Mobile-Health Network Solutions), Indemnification Agreement (Ten-League International Holdings LTD), Indemnification Agreement (Neo-Concept International Group Holdings LTD)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of Incorporation, Bylaw Incorporation or Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 19 contracts
Samples: Form of Indemnification Agreement (Able Telcom Holding Corp), Indemnification Agreement (Avteam Inc), Indemnification Agreement (Avteam Inc)
No Duplication of Payments. The Company shall not be liable under -------------------------- this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 17 contracts
Samples: Indemnification Agreement (Hollis Eden Pharmaceuticals Inc /De/), Indemnification Agreement (Vidamed Inc), Indemnification Agreement (Cobalt Networks Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 16 contracts
Samples: Indemnity Agreement (Newgistics, Inc), Voting Agreement (Newgistics, Inc), Indemnification Agreement (Masergy Communications Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 15 contracts
Samples: Indemnification Agreement (Sirna Therapeutics Inc), Indemnification Agreement (Sirna Therapeutics Inc), Indemnification Agreement (Sirna Therapeutics Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Certificate of Incorporation, Bylaw or otherwise) the Bylaws or otherwise of the amounts otherwise indemnifiable hereunder. The Company’s obligation to indemnify or advance Expenses hereunder to Indemnitee as a result of the Indemnitee’s Corporate Status with an Entity other than the Company shall be reduced by any amount Indemnitee has actually received as indemnification or advancement of Expenses from such other Entity.
Appears in 15 contracts
Samples: Indemnification Agreement (CervoMed Inc.), Indemnification Agreement (CervoMed Inc.), Employment Agreement (Adial Pharmaceuticals, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company's certificate of incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 15 contracts
Samples: Indemnification Agreement (Evolving Systems Inc), Indemnification Agreement (C Cube Semiconductor Inc), Indemnification Agreement (Entex Information Services Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationCertificate, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 14 contracts
Samples: Board of Directors Agreement (Apollo Medical Holdings, Inc.), Indemnification Agreement (JD.com, Inc.), Fund and Director Indemnification Agreement (Baozun Inc.)
No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment in connection with any Claim Indemnifiable Loss made against Indemnitee to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, Certificate of Incorporation, Bylaw the Constituent Documents and Other Indemnity Provisions or otherwise) otherwise of the amounts otherwise indemnifiable hereunder.
Appears in 14 contracts
Samples: Consulting Contract (CelLynx Group, Inc.), Indemnification Agreement (U.S. Aerospace, Inc.), Indemnification Agreement (Neah Power Systems, Inc.)
No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationbylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 13 contracts
Samples: Indemnification Agreement (Biomimetic Therapeutics, Inc.), Indemnification Agreement (Ramsay Managed Care Inc), Indemnification Agreement (Psychiatric Solutions Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-Law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 13 contracts
Samples: Officer Indemnification Agreement (GNC Holdings, Inc.), Director Indemnification Agreement (GNC Holdings, Inc.), Form Of (City Ventures, Inc.)
No Duplication of Payments. The Company shall not be liable under this -------------------------- Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 12 contracts
Samples: Indemnification Agreement (Kyphon Inc), Indemnification Agreement (Liquid Audio Inc), Indemnification Agreement (Kyphon Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationby law, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 12 contracts
Samples: Form of Indemnification Agreement (Mobileye Global Inc.), Indemnification Agreement (Blucora, Inc.), Form of Indemnification Agreement (Intel Corp)
No Duplication of Payments. The Subject to Section 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate or any provision of Incorporation, Bylaw the Company’s LLC Agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 12 contracts
Samples: Indemnification Agreement (New Fortress Energy LLC), Indemnification Agreement (New Fortress Energy LLC), Indemnification Agreement (New Fortress Energy LLC)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw policy or otherwise) of the amounts otherwise indemnifiable hereunder).
Appears in 12 contracts
Samples: Employment Agreement (Anavex Life Sciences Corp.), Employment Agreement (Anavex Life Sciences Corp.), Indemnification Agreement (Anavex Life Sciences Corp.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 11 contracts
Samples: Indemnification Agreement (Websidestory Inc), Indemnification Agreement (Websidestory Inc), Indemnification Agreement (Websidestory Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 11 contracts
Samples: Indemnification Agreement, Form of Indemnification Agreement, Separation Agreement (Ampio Pharmaceuticals, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw M&A or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Samples: Form of Indemnification Agreement (Kaixin Auto Holdings), Form of Indemnification Agreement (Hexindai Inc.), Form of Indemnification Agreement (Hexindai Inc.)
No Duplication of Payments. The Company shall not be liable under this -------------------------- Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Netflix Com Inc), Indemnification Agreement (Altigen Communications Inc), Indemnification Agreement (Peoplepc Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationthe Charter, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Earth Biofuels Inc), Indemnification Agreement (Earth Biofuels Inc), Indemnification Agreement (Earth Biofuels Inc)
No Duplication of Payments. The Subject to Section 14 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Company’s Certificate of Incorporation, Bylaw Incorporation or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Rithm Capital Corp.), Form of Director and Officer Indemnification Agreement (Moelis & Co), Form of Indemnification Agreement (New Senior Investment Group Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw article or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Belden Inc), Indemnification Agreement (Belden Inc), Indemnification Agreement (Belden Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable identifiable hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Looksmart LTD), Indemnification Agreement (GigOptix, Inc.), Indemnification Agreement (Secure Computing Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate the Articles of Incorporation, Bylaw Incorporation or Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 9 contracts
Samples: Indemnification Agreement (2connect Express Inc), Indemnification Agreement (2connect Express Inc), Indemnification Agreement (2connect Express Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate certificate of Incorporation, Bylaw incorporation or by-laws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 9 contracts
Samples: Employment Agreement (Walt Disney Co), Employment Agreement (Walt Disney Co), Indemnification Agreement (Walt Disney Co)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent that Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporation, Bylaw the Company's Declaration of Trust or otherwiseother governing document) of the amounts otherwise indemnifiable payable hereunder.
Appears in 9 contracts
Samples: Indemnification Agreement (Banyan Strategic Realty Trust), Indemnification Agreement (Banyan Strategic Realty Trust), Indemnification Agreement (Banyan Strategic Realty Trust)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw policy or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 9 contracts
Samples: Employment Agreement (Premier Holding Corp.), Indemnification Agreement (Talk America Holdings Inc), Indemnification Agreement (Talk Com)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable Indemnifiable hereunder.
Appears in 8 contracts
Samples: Indemnity Agreement (Avalonbay Communities Inc), Indemnity Agreement (Avalonbay Communities Inc), Indemnity Agreement (Avalonbay Communities Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 8 contracts
Samples: Indemnification Agreement (Codexis, Inc.), Indemnification Agreement (Mad Catz Interactive Inc), Indemnification Agreement (LRAD Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporation, Bylaw the Company's charter or Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Samples: Indemnification Agreement (Ir Biosciences Holdings Inc), Indemnification Agreement (Ir Biosciences Holdings Inc), Indemnification Agreement (Ir Biosciences Holdings Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Article of Incorporation, as amended, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Samples: Indemnification Agreement (Monarch Staffing, Inc.), Indemnification Agreement (Monarch Staffing, Inc.), Indemnification Agreement (Monarch Staffing, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of IncorporationAssociation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Samples: Indemnification Agreement (TE Connectivity Ltd.), Officer Indemnification Agreement (Chubb LTD), Indemnification Agreement (ACE LTD)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Samples: Indemnification Agreement (Superior Galleries Inc), Indemnification Agreement (Shrena Software Inc), Indemnification Agreement (Peregrine Systems Inc)
No Duplication of Payments. The Subject to Paragraph 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Company’s Certificate of IncorporationIncorporation and By-Laws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Samples: Indemnification Agreement (Hexcel Corp /De/), Indemnification Agreement (Hexcel Corp /De/), Indemnification Agreement (Freescale Semiconductor, Ltd.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made Proceeding against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate charter documents of Incorporation, Bylaw the Company or any Subsidiary or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Samples: Indemnification Agreement (Vocus, Inc.), Indemnification Agreement (Wellcare Health Plans, Inc.), Indemnification Agreement (Comstock Homebuilding Companies, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Samples: Consulting Agreement (Bright Mountain Media, Inc.), Indemnification Agreement (SOCIAL REALITY, Inc.), Executive Employment Agreement (SOCIAL REALITY, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the Charter or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Samples: Indemnification Agreement (Spanish Broadcasting System Inc), Indemnification Agreement (Dynasil Corp of America), Indemnification Agreement (SBS Promotions Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationbylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 7 contracts
Samples: Indemnity Agreement (Penthouse International Inc), Indemnification Agreement (Franklin Telecommunications Corp), Indemnification Agreement (Overland Data Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Samples: Indemnification Agreement for Officers (Replidyne Inc), Trans1 Inc. Indemnification Agreement (Trans1 Inc), Indemnification Agreement (TherOx, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or Bylaws provision or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Yahoo Inc), Indemnification Agreement (Yahoo Inc), Indemnification Agreement (Yahoo Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationthe Certificate, Bylaw the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement, Indemnification Agreement (Cheniere Energy Inc), Indemnification Agreement (Independent Bank Group, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw M&A or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Nobao Renewable Energy Holdings LTD), Shareholders Agreement (Nobao Renewable Energy Holdings LTD), Senior Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the Constating Documents or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Zap Com Corp), Indemnification Agreement (Zapata Corp), Indemnification Agreement (Zap Com Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received obtained payment (under any insurance policy, Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 6 contracts
Samples: Indemnification Agreement (Variflex Inc), Indemnification Agreement (Variflex Inc), Indemnification Agreement (Variflex Inc)
No Duplication of Payments. The Company Companies shall not be liable under this Agreement to make any payment in connection with any Claim made against Proceeding involving the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate the Companies’ articles of Incorporation, Bylaw organization or by-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (LPL Investment Holdings Inc.), Indemnification Agreement (LPL Investment Holdings Inc.), Indemnification Agreement (LPL Investment Holdings Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Orthologic Corp), Indemnification Agreement (Orthologic Corp), Indemnification Agreement (Beacon Power Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee in connection with any threatened, pending or completed action, suit or proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Form of Indemnification Agreement (GTY Technology Holdings Inc.), Indemnification Agreement (Dell Technologies Inc), Form of Indemnification Agreement (Emc Corp)
No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee of amounts otherwise indemnifiable hereunder if and to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, the Certificate of Incorporation, Bylaw Incorporation or Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Troy Group Inc), Form of Indemnification Agreement (Fargo Electronics Inc), Indemnification Agreement (Tricord Systems Inc /De/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company's articles of incorporation, Bylaw bylaws (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement, Indemnification Agreement, Indemnification Agreement (Catapult Communications Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw any applicable Subsidiary’s articles of incorporation, Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 6 contracts
Samples: Employment Agreement (Christopher & Banks Corp), Indemnification Agreement (Christopher & Banks Corp), Indemnification Agreement (Mela Sciences, Inc. /Ny)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate certificate of Incorporationincorporation, Bylaw by-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Mips Technologies Inc), Indemnification Agreement (Eddie Bauer Holdings, Inc.), Indemnification Agreement (Mips Technologies Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Apollo Endosurgery, Inc.), Indemnification Agreement (Activecare, Inc.), Indemnification Agreement (Valence Technology Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporation, Bylaw the Charter or Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (ADS Tactical, Inc.), Indemnification Agreement (Goodman Global Inc), Indemnification Agreement (Party City Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the Memorandum and Articles or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Green Giant Enterprise Inc.), Indemnification Agreement (NFT LTD), Indemnification Agreement (Moxian (BVI) Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Ironclad Performance Wear Corp), Indemnification Agreement (Epoch Holding Corp), Officer Indemnification Agreement (Nocopi Technologies Inc/Md/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationunder the Articles and Bylaws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Multimedia Games Inc), Indemnification Agreement (Multimedia Games Inc), Indemnification Agreement (Bindview Development Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any an insurance policy, the Certificate of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable idemnifiable hereunder.
Appears in 5 contracts
Samples: Form of Indemnification Agreement (Leidos, Inc.), Form of Indemnification Agreement (SAIC Gemini, Inc.), Indemnification Agreement (Science Applications International Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company’s certificate of incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Kratos Defense & Security Solutions, Inc.), Indemnification Agreement (Westpoint International Inc), Indemnification Agreement (Xo Communications Inc)
No Duplication of Payments. The Company shall not be liable under this -------------------------- Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Intira Corp), Indemnification Agreement (Netiq Corp), Indemnification Agreement (Pc Tel Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment from the Company (under any insurance policy, Certificate of Incorporation, Bylaw policy obtained by the Company or otherwise, and including payment made directly to the Indemnitee by an insurer under such an insurance policy) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Director and Officer Indemnity Agreement (NTL Inc), Indemnity Agreement (Telewest Global Inc), Director and Officer Indemnity Agreement (NTL Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationRestated Certificate, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Volcano CORP), Indemnification Agreement (Metasolv Inc), Indemnification Agreement (Novamed Eyecare Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Adaptec Inc), Indemnification Agreement (Omneon Video Networks, Inc.), Indemnification Agreement (Adaptec Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Restated Certificate of Incorporation, Bylaw Company By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Phytera Inc), Indemnification Agreement (V I Technologies Inc), Indemnification Agreement (EPIX Pharmaceuticals, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of IncorporationAssociation or Bye-laws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement, Indemnification Agreement, Indemnification Agreement (China Yuchai International LTD)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received (and is entitled to retain) payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderhereunder (net of any expenses incurred in obtaining such payment).
Appears in 4 contracts
Samples: Indemnification Agreement (Comscore, Inc.), Director and Officer Indemnification Agreement (Bespoke Capital Acquisition Corp), Retirement and Transition Services Agreement (Comscore, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Charter or By-law provision or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Carpenter Technology Corp), Indemnification Agreement (Hayes Lemmerz International Inc), Indemnification Agreement (Biltmore Surgery Center Holdings Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw policy or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Seracare Life Sciences Inc), Indemnification Agreement (Seracare Life Sciences Inc), Indemnification Agreement (Ritz Interactive, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Expense or Liability of Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate the Articles of Incorporation, Bylaw the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder. This Agreement shall supersede any prior indemnification agreement between Indemnitee and the Company.
Appears in 4 contracts
Samples: Indemnification Agreement (O Reilly Automotive Inc), Indemnification Agreement (O Reilly Automotive Inc), Indemnification Agreement (O Reilly Automotive Inc)
No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Infinera Corp), Indemnification Agreement (Omniture, Inc.), Indemnification Agreement (Consonus Technologies, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (payment, under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw or otherwise) , of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Ensign Group, Inc), Indemnification Agreement (Hireright Inc), Indemnification Agreement (Sco Group Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationcharter, Bylaw bylaw, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Spark Networks SE), Indemnification Agreement, Indemnification Agreement (Real Industry, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Memorandum and Articles of Incorporation, Bylaw Association or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Semiconductor Manufacturing International Corp), Shareholders’ Agreement (Country Style Cooking Restaurant Chain Co., Ltd.), Indemnification Agreement (Country Style Cooking Restaurant Chain Co., Ltd.)
No Duplication of Payments. The [Subject to Section 12, ]the Company shall not be liable under this Agreement to make any payment to Indemnitee in connection with respect of any Claim made against Indemnitee Expenses or Other Liabilities to the extent Indemnitee has otherwise actually received payment (under any insurance policy, the Company’s Certificate of Incorporation, Bylaw Incorporation or otherwise) Bylaws or otherwise of the amounts otherwise indemnifiable by the Company hereunder.
Appears in 4 contracts
Samples: Employment Agreement (Qualtrics International Inc.), Employment Agreement (Qualtrics International Inc.), Indemnification Agreement (Qualtrics International Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the By-Laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Heelys, Inc.), Indemnification Agreement (Konover Property Trust Inc), Indemnification Agreement (Konover Property Trust Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate the Articles of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Worldwide Web Networx Corp), Indemnification Agreement (Worldwide Web Networx Corp), Indemnification Agreement (Worldwide Web Networx Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Articles, Bylaw the Bylaws (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (BT Brands, Inc.), Indemnification Agreement, Indemnification Agreement (Wall Street Media Co, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (TCV Vii Lp), Indemnification Agreement (Xata Corp /Mn/), Corporation Director Indemnification Agreement (Xata Corp /Mn/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Restated Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Windtree Therapeutics Inc /De/), Indemnification Agreement (Discovery Laboratories Inc /De/), Indemnification Agreement (Discovery Laboratories Inc /De/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Piper Jaffray Companies), Indemnification Agreement (Affiliate Investment, Inc.), Agreement (Genesis Healthcare, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBye-laws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (China Yuchai International LTD), Indemnification Agreement (China Yuchai International LTD), Indemnification Agreement (China Yuchai International LTD)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationCertificate, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Jetblue Airways Corp), Indemnification Agreement (Heartland Payment Systems Inc), Indemnification Agreement (Cabelas Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim action, suit, proceeding, inquiry or investigation made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Vitesse Semiconductor Corp), Indemnification Agreement (Vitesse Semiconductor Corp), Indemnification Agreement (Prophet 21 Inc)
