No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 214 contracts
Samples: Indemnification Agreement (Aeluma, Inc.), Indemnification Agreement (Handa Lab Co., Ltd.), Indemnification Agreement (Loop Media, Inc.)
No Duplication of Payments. The Subject to Section 13, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 26 contracts
Samples: Indemnification Agreement (Sprinklr, Inc.), Indemnification Agreement (EBR Systems, Inc.), Indemnification Agreement (Tempus Labs, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if under this Agreement if, and to the extent that that, Indemnitee has otherwise actually received such payment for such amounts under any insurance policy, contract, agreement or insurance policy, the Certificate of Incorporation or Bylaws of the Company, or otherwise.
Appears in 23 contracts
Samples: Indemnification Agreement (ZaZa Energy Corp), Indemnity Agreement (Approach Resources Inc), Indemnification Agreement (Toreador Resources Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts any amount otherwise indemnifiable hereunder (hereunder, or for which advancement is provided hereunder) , if and to the extent that Indemnitee has otherwise actually received payment for such amounts under payment, whether pursuant to any insurance policy, contract, agreement the Organizational Documents of any Covered Entity or otherwise.
Appears in 22 contracts
Samples: Indemnification Agreement (Heidrick & Struggles International Inc), Indemnification Agreement (Keypath Education International, Inc.), Indemnification Agreement (Pultegroup Inc/Mi/)
No Duplication of Payments. The Subject to the provisions of Section 15 above, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 21 contracts
Samples: Indemnification Agreement (Clovis Oncology, Inc.), Indemnification Agreement (Clovis Oncology, Inc.), Indemnification Agreement (Clovis Oncology, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise, subject to any subrogation right set forth in Section 15.
Appears in 15 contracts
Samples: Indemnification Agreement (Silk Road Medical Inc), Indemnification Agreement (Silk Road Medical Inc), Indemnification Agreement (Thayer Ventures Acquisition Corp)
No Duplication of Payments. The Subject to Section 15 of this Agreement, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 7 contracts
Samples: Indemnification Agreement (Prosper Funding LLC), Indemnification Agreement (Prosper Funding LLC), Indemnification Agreement (Prosper Funding LLC)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if due and payable to the extent that Indemnitee has otherwise actually received payment for such amounts (whether under any insurance policythe Charter or the Bylaws of the Company, contract, agreement the D&O Insurance or otherwise) of any amounts otherwise due and payable under this Agreement.
Appears in 5 contracts
Samples: Indemnification Agreement (Amsurg Corp), Indemnification Agreement (Healthstream Inc), Indemnification Agreement (Corporatefamily Solutions Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and in connection with any Action to the extent that Indemnitee has otherwise actually received payment for such amounts (under any insurance policy, contract, agreement bylaw provision or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Ahl Services Inc), Indemnification Agreement (Ahl Services Inc), Indemnification Agreement (Ahl Services Inc)
No Duplication of Payments. The Notwithstanding anything to the contrary herein, the Company shall not be liable under this Agreement to make any payment of amounts any amount otherwise indemnifiable hereunder (hereunder, or for which advancement is provided hereunder) , if and to the extent that Indemnitee has otherwise actually received payment for such amounts under payment, whether pursuant to any insurance policy, contract, agreement the Organizational Documents of any Covered Entity or otherwise.
Appears in 5 contracts
Samples: Indemnification Agreement (OneSpan Inc.), Indemnification Agreement (Dolan Media CO), Indemnification Agreement (Vasco Data Security International Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if due and payable to the extent that Indemnitee has otherwise actually received payment for such amounts (whether under any insurance policythe Certificate of Incorporation or the Bylaws of the Company, contract, agreement the D&O Insurance or otherwise) of any amounts otherwise due and payable under this Agreement.
Appears in 4 contracts
Samples: Indemnification Agreement (Luminex Corp), Indemnification Agreement (GTX Inc/Tn), Indemnification Agreement (Bright Horizons Family Solutions Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if under this Agreement if, and to the extent that that, Indemnitee has otherwise actually received such payment for such amounts under any insurance policy, contract, agreement or insurance policy, the Certificate of Incorporation or the Bylaws, or otherwise.
Appears in 4 contracts
Samples: Indemnification Agreement (Prairie Operating Co.), Indemnification Agreement (Civitas Resources, Inc.), Indemnification Agreement (Bonanza Creek Energy, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if due and payable to the extent that Indemnitee has otherwise actually received payment for such amounts (whether under any insurance policythe Certificate of Incorporation or the Bylaws of the Company, contract, agreement the D & O Insurance or otherwise) of any amounts otherwise due and payable under this Agreement.
Appears in 4 contracts
Samples: Indemnification Agreement (Bath & Body Works, Inc.), Indemnification Agreement (Victoria's Secret & Co.), Indemnification Agreement (Victoria's Secret & Co.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if under this Agreement if, and to the extent that that, Indemnitee has otherwise actually received such payment for such amounts under any contract, agreement, or insurance policy, contractthe Certificate of Incorporation or Bylaws of the Company, agreement or otherwise.
Appears in 4 contracts
Samples: Indemnification Agreement (OHA Investment Corp), Indemnification Agreement (NGP Capital Resources CO), Indemnification Agreement (NGP Capital Resources CO)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement agreement, or otherwise.
Appears in 3 contracts
Samples: Indemnification Agreement (KBS International Holdings Inc.), Indemnification Agreement (KBS International Holdings Inc.), Indemnification Agreement (KBS International Holdings Inc.)
No Duplication of Payments. The [Except as provided in Section 15 of this Agreement, t][T]he Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 3 contracts
Samples: Indemnification Agreement (GLAUKOS Corp), Indemnification Agreement (Semler Scientific, Inc.), Indemnification Agreement (GLAUKOS Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received such payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 2 contracts
Samples: Indemnification Agreement (Socket Mobile, Inc.), Indemnification Agreement (Intevac Inc)
No Duplication of Payments. The [Except as provided in Section 14, t][T]he Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 2 contracts
Samples: Indemnification Agreement (FireEye, Inc.), Indemnification Agreement (Palo Alto Networks Inc)
No Duplication of Payments. The Subject to Section 16, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 2 contracts
Samples: Indemnification Agreement (Tempus AI, Inc.), Indemnification Agreement (iLearningEngines, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts any amount otherwise indemnifiable hereunder (hereunder, or for which advancement is provided hereunder) , if and to the extent that Indemnitee has otherwise actually received payment for such amounts under payment, whether pursuant to any insurance policy, contract, agreement the Organizational Documents of any Covered Entity or otherwiseotherwise (but specifically excluding any payment received by the Indemnitee from any insurance policy maintained by or for the benefit of such Indemnitee (other than the Company) so long as Indemnitee does not by virtue thereof actually retain duplicative payments).
Appears in 2 contracts
Samples: Indemnification Agreement (Peoples Energy Corp), Indemnification Agreement (optionsXpress Holdings, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts (under any insurance policy, contract, agreement Bylaw or otherwise) of the amounts otherwise payable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Wolverine World Wide Inc /De/), Indemnification Agreement (Wolverine World Wide Inc /De/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policypolicy purchased and maintained by the Company, contract, agreement or otherwise.
Appears in 2 contracts
Samples: Indemnification Agreement (Cyan Inc), Indemnification Agreement (Cyan Inc)
No Duplication of Payments. The [Subject to Section 15, the][The] Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 2 contracts
Samples: Indemnification Agreement (OneStream, Inc.), Indemnification Agreement (OneStream, Inc.)
No Duplication of Payments. The [Except as provided in Section 15, t][T]he Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 2 contracts
Samples: Indemnification Agreement (Pfenex Inc.), Indemnification Agreement (Inogen Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise[, except as provided for in Section 15].
Appears in 2 contracts
Samples: Indemnification Agreement (Aadi Bioscience, Inc.), Indemnification Agreement (ARYA Sciences Acquisition Corp III)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received such payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 2 contracts
Samples: Indemnification Agreement (Eco Science Solutions, Inc.), Indemnification Agreement (Greenfield Groves Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise[, subject to any subrogation rights set forth in Section 15]3.
Appears in 2 contracts
Samples: Indemnification Agreement (Arista Networks, Inc.), Indemnification Agreement (A10 Networks, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policypolicy procured by the Company, contract, agreement or otherwise.
Appears in 2 contracts
Samples: Indemnification Agreement (GoDaddy Inc.), Indemnification Agreement (GMS Inc.)
No Duplication of Payments. The Except as provided in Section 15 above, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 1 contract
No Duplication of Payments. The Except as set forth in Section 15, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 1 contract
Samples: Indemnification Agreement (Threshold Pharmaceuticals Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.any
Appears in 1 contract
No Duplication of Payments. The Except as provided under Section 15, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts (under any insurance policy, contract, agreement Bylaw or otherwise.) of the amounts otherwise indemnifiable hereunder. -7-
Appears in 1 contract
Samples: Indemnification Agreement (Wolverine World Wide Inc /De/)
No Duplication of Payments. The [Except as provided in Section 14, t] [T]he Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise, except as provided for in Section 16.
Appears in 1 contract
No Duplication of Payments. [Except as set forth in Section 15,]* The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policypolicy procured by the Company, contract, agreement or otherwise.
Appears in 1 contract
No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that the Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement agreement, or otherwise.
Appears in 1 contract
Samples: Indemnification Agreement (Thorne Healthtech, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts (whether under any insurance policy, contract, agreement agreement, the Company's certificate of incorporation or bylaws, or otherwise).
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts (under any insurance policy, contract, agreement the Charter or the Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts (under any insurance policy, contractBylaw, agreement or otherwise.) of the amounts otherwise indemnifiable hereunder. -8-
Appears in 1 contract
Samples: Indemnification Agreement (Professionals Direct Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and in connection with any Indemnifiable Claim to the extent that Indemnitee has otherwise actually received payment for such amounts payment, whether under any insurance policy, contract, agreement or otherwise, of the amounts otherwise payable as indemnity hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Cree Inc)
No Duplication of Payments. [Except as set forth in Section 15,]3 The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policypolicy procured by the Company, contract, agreement or otherwise.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts (under any insurance policy, contractBylaw, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Other than as provided in Section 13(b) above, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and in connection with any Claim made against any Indemnitee to the extent that such Indemnitee has otherwise actually received payment for such amounts (under any insurance policy, contract, agreement the M&A or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and in connection with any Action to the extent that the Indemnitee has otherwise actually received payment for such amounts (under any insurance policy, contract, agreement policy or otherwise) of the amount otherwise payable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Niocorp Developments LTD)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under the Company's Certificate of Incorporation or Bylaws, any insurance policy, contract, agreement or otherwise.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise, [except as provided for in Section 15]. 1 NTD: To include as applicable.
Appears in 1 contract
No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts (under any insurance policy, contractbylaw, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts (under any insurance policy, contract, agreement the Certificate of Incorporation or the By-Laws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Occidental Petroleum Corp /De/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that the Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Appears in 1 contract
Samples: Indemnification Agreement (Applied Materials Inc /De)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts any amount otherwise indemnifiable hereunder (identifiable hereunder, or for which advancement is provided hereunder) , if and to the extent that Indemnitee Indemnitees has otherwise actually received payment for such amounts under payment, whether pursuant to any insurance policy, contract, agreement the Organizational Documents of any Covered Entity or otherwiseotherwise (but specifically excluding any payment received by the Indemnitees from any insurance policy maintained by or for the benefit of such Indemnitees (other than the Company) so long as Indemnitees does not by virtue thereof actually retain duplicative payments).
Appears in 1 contract
Samples: Indemnification Agreement (Markwest Hydrocarbon Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received such payment for such amounts under any insurance policy, contractthe Constituent Documents, agreement applicable law or otherwiseany other source.
Appears in 1 contract
No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and in connection with any Proceeding to the extent that Indemnitee has otherwise actually received payment for such amounts (under any insurance policy, contract, agreement provision of the Constituent Documents (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise[, except as may be contemplated in Section 15 hereof].
Appears in 1 contract
