Common use of No Duplication of Payments Clause in Contracts

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 86 contracts

Samples: Indemnification Agreement (Bristow Group Inc.), Indemnification Agreement (Harte Hanks Inc), Director and Officer Indemnification Agreement (Sunworks, Inc.)

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No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 43 contracts

Samples: Director Indemnification Agreement (Meridian Bioscience Inc), Director Indemnification Agreement (Integer Holdings Corp), Director and Officer Indemnification Agreement (Mediaco Holding Inc.)

No Duplication of Payments. (a) The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 22 contracts

Samples: Director Agreement (LifeMD, Inc.), Employment Agreement (LifeMD, Inc.), Director and Officer Indemnification Agreement (LifeMD, Inc.)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 19 contracts

Samples: Officer Indemnification Agreement (Comverse, Inc.), Director and Officer Indemnification Agreement (CepTor CORP), Indemnification Agreement (Handheld Entertainment, Inc.)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of any Expenses incurred in connection therewiththerewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(g)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 14 contracts

Samples: Officer Indemnification Agreement, Director and Officer Indemnification Agreement (Babcock & Wilcox Enterprises, Inc.), Director and Officer Indemnification Agreement (CSW Industrials, Inc.)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received and is entitled to retain payment (net of any Expenses incurred in connection therewiththerewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(g)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 13 contracts

Samples: Director and Officer Indemnification Agreement (Cleveland-Cliffs Inc.), Indemnification Agreement (Cibus Global, Ltd.), Director and Officer Indemnification Agreement (Verint Systems Inc)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(g)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 10 contracts

Samples: Indemnification Agreement (Kb Home), Director and Officer Indemnification Agreement (Condor Hospitality Trust, Inc.), Indemnification Agreement (Ctpartners Executive Search LLC)

No Duplication of Payments. The Subject to the provisions of Section 14 of this Agreement, the Company shall not be liable under this Agreement to make any payment to Indemnitee in with respect of to any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and or Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in with respect of to such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 9 contracts

Samples: Indemnification Agreement (Dell Technologies Inc.), Md Stockholders Agreement (Dell Technologies Inc), SLP Stockholders Agreement (Dell Technologies Inc)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Documents, Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(j)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 8 contracts

Samples: Director and Officer Indemnification Agreement (Lancaster Colony Corp), Director and Officer Indemnification Agreement (Retail Value Inc.), Director and Officer Indemnification Agreement (Retail Value Inc.)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of any Expenses incurred in connection therewiththerewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(h)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 7 contracts

Samples: Director and Officer Indemnification Agreement (Optex Systems Holdings Inc), Indemnification Agreement (HF Sinclair Corp), Director and Officer Indemnification Agreement (Microvast Holdings, Inc.)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 5 contracts

Samples: Indemnification Agreement (International Steel Group Inc), Director Indemnification Agreement (International Steel Group Inc), Director and Officer Indemnification Agreement (PVC Container Corp)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Documents, Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(k)) in respect of such Indemnifiable Losses otherwise indemnifiable by the Company hereunder.

Appears in 4 contracts

Samples: Director and Officer Indemnification Agreement (Crestwood Midstream Partners LP), Director and Officer Indemnification Agreement (Crestwood Equity Partners LP), Director and Officer Indemnification Agreement (Crestwood Equity Partners LP)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(i)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 4 contracts

Samples: Indemnification Agreement (United Natural Foods Inc), Indemnification Agreement (United Natural Foods Inc), Indemnification Agreement (United Natural Foods Inc)

No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 3 contracts

Samples: Officer Indemnification Agreement (TimkenSteel Corp), Director and Officer Indemnification Agreement (TimkenSteel Corp), Director Indemnification Agreement (TimkenSteel Corp)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of any unreimbursed Expenses of the Indemnitee incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 3 contracts

Samples: Officer Indemnification Agreement (Alon USA Energy, Inc.), Director Indemnification Agreement (Alon USA Energy, Inc.), Indemnification Agreement (Alon USA Energy, Inc.)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including without limitation from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 3 contracts

Samples: Director and Officer Indemnification Agreement (Kaiser Aluminum Corp), Director Indemnification Agreement (Kaiser Aluminum Corp), Officer Indemnification Agreement (Kaiser Aluminum Corp)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received and is entitled to retain payment (net of any Expenses incurred in connection therewiththerewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)1) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Director Indemnification Agreement (Timken Co), Officer Indemnification Agreement (Timken Co)

No Duplication of Payments. Except as provided in Section 12(b), The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of any Expenses incurred in connection therewiththerewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) Enterprise in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Director and Officer Indemnification Agreement (Nii Holdings Inc), Director and Officer Indemnification Agreement (Nii Holdings Inc)

No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received and is entitled to retain payment (net of any Expenses incurred in connection therewiththerewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the first sentence of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Director and Officer Indemnification Agreement (Dole Food Co Inc), Director and Officer Indemnification Agreement (Reynolds American Inc)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f1(e)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Indemnification Agreement (Asbury Automotive Group Inc), Indemnification Agreement (Asbury Automotive Group Inc)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(j)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Director and Officer Indemnification Agreement (Crestwood Midstream Partners LP), Director and Officer Indemnification Agreement (Quicksilver Gas Services LP)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in with respect of to any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and or Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f)) in with respect of to such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Indemnification Agreement (Dell Technologies Inc), Form of Indemnification Agreement (Dell Computer Corp)

No Duplication of Payments. (a) The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(fl(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Director and Officer Indemnification Agreement (SurgePays, Inc.), Director and Officer Indemnification Agreement (Surge Holdings, Inc.)

No Duplication of Payments. The Company shall not be liable under this Agreement Agree­ment to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection con­nec­tion therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Indemnification Agreement (Autoliv Inc), Director and Officer Indemnification Agreement (HSW International, Inc.)

No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Director and Officer Indemnification Agreement (Transpro Inc), Indemnification Agreement (Thinkengine Networks, Inc.)

No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received and is entitled to retain payment (net of Expenses incurred in connection therewiththerewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Documents, Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Director and Officer (Retail Value Inc.), Director and Officer Indemnification Agreement (DDR Corp)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of any Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Officer Indemnification Agreement (Alon Brands, Inc.), Director Indemnification Agreement (Alon Brands, Inc.)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents Documents, and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(g)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Form of Director Indemnification Agreement (AAC Holdings, Inc.), Form of Director Indemnification Agreement (AAC Holdings, Inc.)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in with respect of to any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and or Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in with respect of to such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Indemnification Agreement (Royal Gold Inc), Indemnification Agreement (Dell Inc)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of any unreimbursed Expenses of the Indemnitee incurred in connection therewith) under any insurance policy, the Constituent Governance Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1.01(h)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Form of Director Indemnification Agreement (Haynes International Inc), Form of Director Indemnification Agreement (Haynes International Inc)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(d)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 2 contracts

Samples: Indemnification Agreement (Stewart & Stevenson LLC), Director Indemnification Agreement (Agl Resources Inc)

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No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the any Constituent Documents and Document, any Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Sprint Nextel Corp)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of any Expenses incurred in connection therewiththerewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(i)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Holly Energy Partners Lp)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.. 181 Exhibit 10.25

Appears in 1 contract

Samples: Officer Indemnification Agreement (Eastman Chemical Co)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent 11 Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(i)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (United Natural Foods Inc)

No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Endeavor Ip, Inc.)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in with respect to any Form Adopted by the Board of any Directors on June 3, 2009 Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and or Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in with respect of to such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Dell Inc)

No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and or the Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Nextel Communications Inc)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Documents, Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)1) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Keryx Biopharmaceuticals Inc)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(h)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Pitney Bowes Inc /De/)

No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Stewart & Stevenson LLC)

No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received and is entitled to retain payment (net of any Expenses incurred in connection therewiththerewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise Person referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(i)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Abm Industries Inc /De/)

No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Constating Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Director Indemnification Agreement (Restaurant Brands International Inc.)

No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Reynolds American Inc)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Indemnifable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Indemnifable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Traffic.com, Inc.)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received and is entitled to retain payment (net of any Expenses incurred in connection therewiththerewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.of

Appears in 1 contract

Samples: Indemnification Agreement (Benitec Biopharma Inc.)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f)1) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Orbital Tracking Corp.)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Hemobiotech Inc)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f1(g)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (International Coal Group, Inc.)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of any unreimbursed Expenses of the Indemnitee incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f1(j)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Director Indemnification Agreement (Gtech Holdings Corp)

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of “Indemnifiable Claim” in Section 1(f2(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Dana Holding Corp)

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