No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Company by-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Atlas Corp.), Indemnification Agreement (Rayonier Inc), Indemnification Agreement (Seaspan CORP)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, provision of the CharterCompany’s Articles of Incorporation, Company by-laws Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder..
Appears in 8 contracts
Samples: Indemnification Agreement (Merit Medical Systems Inc), Indemnification Agreement (Skywest Inc), Indemnification Agreement (Merit Medical Systems Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding claim made against Indemnitee to the extent the Indemnitee has otherwise actually received obtained payment (under any insurance policy, the Charter, Company by-laws 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 shall not be liable under this Agreement to make any payment in connection with any Proceeding claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Company by-laws Constating Documents or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Zapata Corp), Indemnification Agreement (Zap Com 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 Proceeding claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, under the CharterArticles and Bylaws, Company by-laws 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 Proceeding otherwise due and payable to the extent the Indemnitee has otherwise actually received payment (whether under any insurance policythe Certificate of Incorporation or the Bylaws of the Company, the Charter, Company by-laws D & O Insurance or otherwise) of the any amounts otherwise indemnifiable hereunderdue 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 in connection with any Proceeding claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Company by-laws Articles of 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 Corporation shall not be liable under this Agreement to make any payment in connection with any Proceeding claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charterbylaw, Company by-laws or otherwise) of the amounts otherwise indemnifiable hereunderIndemnifiable under this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (DBS Industries Inc), Employment Agreement (DBS Industries Inc), Employment Agreement (DBS Industries Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, provision of the CharterCompany’s Certificate of Incorporation, Company by-laws bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder, except as provided in Section 19 below.
Appears in 3 contracts
Samples: Indemnification Agreement (Greenway Medical Technologies Inc), Indemnification Agreement (Gevo, Inc.), Indemnification Agreement (ExamWorks Group, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding Claim made against any Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, the CharterCompany’s Certificate of Incorporation, Company by-laws its Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Alloy Steel International Inc), Indemnification Agreement (Alloy Steel International Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding Claim made against any Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, the CharterArticles, Company by-laws Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Alibris Inc), Indemnification Agreement (Tomax Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, provision of the CharterCompany's Certificate of Incorporation, Company byBy-laws law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Genaissance Pharmaceuticals Inc), Indemnification Agreement (Antigenics Inc /De/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, provision of the CharterCompany's Articles of Incorporation, Company by-laws Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Merit Medical Systems Inc), Indemnification Agreement (Skywest Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Company by-laws Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Wolverine World Wide Inc /De/), Indemnification Agreement (Manatron Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Company by-laws Bylaw or otherwise) of the amounts otherwise indemnifiable Indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnity Agreement (Cs Wireless Systems Inc), Indemnification & Liability (Ensco International Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Company by-laws Bylaw or otherwise) of the amounts otherwise indemnifiable 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 Corporation shall not be liable under this Agreement to make any payment in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Company by-laws Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 2 contracts
Samples: Director Indemnity Agreement (Interleukin Genetics Inc), Director Indemnity Agreement (Interleukin Genetics Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Company by-laws bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Universal Gold Mining Corp.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the CharterBylaws, Company by-laws 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 in connection with any Proceeding claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Charter, Company by-laws Company’s charter or Bylaws 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 in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Company by-laws Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding claim made against the Indemnitee to the extent that the Indemnitee Indemitee has otherwise actually received payment (under any insurance policy, the CharterBylaw, Company by-laws 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 in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Certificate of Incorporation or the By-Laws of the Company by-laws 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 in connection with any Proceeding claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Company by-laws Charter 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 in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Company by-laws the Bylaws 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 in connection with any Proceeding Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, provision of the CharterCompany’s Articles, Company by-laws Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Charter or the Bylaws of the Company by-laws 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 in connection with any Proceeding Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Company by-laws Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Talbert Medical Management Holdings Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding otherwise due and payable to the extent the Indemnitee has otherwise actually received payment (whether under the Company's Restated Certificate of Incorporation, By-laws, any directors' and officers' liability insurance policy, the Charter, Company by-laws or otherwise) of the any amounts otherwise indemnifiable hereunderdue and payable under this Agreement.
Appears in 1 contract
Samples: Indemnification Agreement (Gaylord Entertainment Co /De)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to the Indemnitee in connection with respect of any Proceeding liability or expenses to the extent the Indemnitee has otherwise actually received payment (under the Certificate, the Bylaws, or any law, statute, rule, agreement, insurance policy, the Charter, Company by-laws or otherwise) otherwise in respect of the amounts such liability or expenses otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the CharterBylaw, Company by-laws 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 in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, the Charter, Company by-laws Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Rayonier Advanced Materials Inc.)
