No Duplication of Payments. Except as otherwise set forth in Section 15 above, the Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Samples: Indemnification Agreement (B. Riley Financial, Inc.), Indemnification Agreement (Emerald Health Bioceuticals Inc.), Indemnification Agreement (Emerald Health Pharmaceuticals Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above13 hereof, 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, Bylawany provision of the Company’s Charter and Bylaws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Samples: Indemnification Agreement (Cadence Bancorporation), Indemnification Agreement (Yum China Holdings, Inc.), Indemnification Agreement (Yum China Holdings, Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 aboveof this Agreement, the Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent the that Indemnitee has otherwise actually received payment (for such amounts under any insurance policy, Bylaw, votecontract, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Samples: Form of Indemnification Agreement (Prosper Funding LLC), Indemnification Agreement (Prosper Funding LLC), Indemnification Agreement (Prosper Funding LLC)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above12 hereof, 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, Bylawany provision of the Company’s Articles of Incorporation and Bylaws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Southern California Bancorp \ CA), Indemnification Agreement (Plumas Bancorp), Indemnification Agreement (California BanCorp)
No Duplication of Payments. Except as otherwise set forth in Section 15 above, the The Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, vote, agreement charter documents or otherwise) of the amounts otherwise indemnifiable hereunder; notwithstanding the foregoing, any payments actually received by either Indemnitee or any professional association with which Indemnitee may be affiliated, pursuant to any insurance policy covering acts or omissions of the Indemnitee effected by him in any professional capacity shall not be considered to be “duplicative payments” for purposes of this Section 12.
Appears in 6 contracts
Samples: Indemnification Agreement (Pokertek Inc), Indemnification Agreement (Pokertek, Inc.), Indemnification Agreement (Pokertek, Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above13 hereof, 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, Bylawany provision of the Company’s Articles of Incorporation and Bylaws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (North American Financial Holdings, Inc.), Indemnification Agreement (North American Financial Holdings, Inc.), Indemnification Agreement (Capital Bank Corp)
No Duplication of Payments. Except as otherwise set forth in Section 15 14 above, the Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Avita Medical, Ltd.), Indemnification Agreement (SPRINT Corp), Indemnification Agreement (SPRINT Corp)
No Duplication of Payments. Except as otherwise set forth in Section 15 aboveSubject to Paragraph 12 hereof, 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, Bylawany provision of the Company’s Certificate of Incorporation and By-Laws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (CMG Holdings Group, Inc.), Agreement (CMG Holdings Group, Inc.), Agreement (CMG Holdings Group, Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above15(e) hereof, 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, Bylaw, vote, agreement any provision of the Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Varonis Systems Inc), Indemnification Agreement (Tumi Holdings, Inc.), Indemnification Agreement (Tumi Holdings, Inc.)
No Duplication of Payments. Except as otherwise set forth provided in Section 15 above11(a), 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, Bylaw, vote, agreement the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Floor & Decor Holdings, Inc.), Indemnification Agreement (FDO Holdings, Inc.), Indemnification Agreement (FDO Holdings, Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14, the Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent the that Indemnitee has otherwise actually received payment (for such amounts under any insurance policy, Bylaw, votecontract, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 3 contracts
Samples: Indemnification Agreement (NKGen Biotech, Inc.), Indemnification Agreement (TriSalus Life Sciences, Inc.), Indemnification Agreement (Rigetti Computing, Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14 hereof, 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, Bylaw, vote, agreement or any provision of the Bylaws or of the Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 3 contracts
Samples: Form of Indemnification Agreement (Nationstar Mortgage Holdings Inc.), Form of Indemnification Agreement (Brookdale Senior Living Inc.), Form of Indemnification Agreement (Railamerica Inc /De)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14, 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, Bylaw, vote, agreement policy or any provision of the Certificate of Incorporation or By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 3 contracts
Samples: Indemnification Agreement (Healthcare Royalty, Inc.), Indemnification Agreement (VG Acquisition Corp.), Form of Indemnification Agreement (Vertiv Holdings Co)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above13 hereof, 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 that Indemnitee has otherwise actually received payment (of such amount otherwise indemnifiable hereunder, whether under any insurance policy, Bylawprovision of the Certificate of Incorporation or Bylaws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 3 contracts
Samples: Indemnification Agreement (Genworth Financial Inc), Indemnification Agreement (Genworth Financial Inc), Indemnification Agreement (Enact Holdings, Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14 hereof, 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 that Indemnitee has otherwise actually received payment (of such amount otherwise indemnifiable hereunder, whether under any insurance policy, Bylawprovision of the Certificate of Incorporation or By-Laws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 3 contracts
Samples: Indemnification Agreement (Trean Insurance Group, Inc.), Indemnification Agreement (Trean Insurance Group, Inc.), Director and Officer Indemnification Agreement (El Pollo Loco Holdings, Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14 hereof, 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, Bylawany provision of the Company’s Bye-Laws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Form of Indemnification Agreement (NDS Group Holdings, LTD), Indemnification Agreement (Freescale Semiconductor Holdings I, Ltd.)
No Duplication of Payments. Except as otherwise set forth in Section 15 aboveSubject to Paragraph 13 hereof, 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, Bylawany provision of the Company’s Articles of Incorporation and By-Laws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Form of Indemnification Agreement (Cache Inc), Voting Agreement (Cache Inc)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above13 hereof, 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 that Indemnitee has otherwise actually received payment (of such amount otherwise indemnifiable hereunder, whether under any insurance policy, Bylawprovision of the Certificate of Incorporation or By-Laws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Genworth Mortgage Holdings, Inc.), Indemnification Agreement (Genworth Mortgage Holdings, Inc.)
No Duplication of Payments. Except as otherwise set forth in Section 15 above10 below, 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, Bylaw, vote, agreement provision of the Charter Documents or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Collegium Pharmaceutical, Inc), Indemnification Agreement (Collegium Pharmaceutical Inc)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 abovehereof, 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, Bylaw, vote, agreement or any provision of the Company's Certificate of Incorporation or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth provided in Section 15 above7, 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, Bylaw, vote, agreement Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Section 15 aboveSubject to Paragraph 13 hereof, 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, Bylaw, vote, agreement any provision of the Governance Documents or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Form of Indemnification Agreement (JGWPT Holdings Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above16, 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, Bylawcharter, bylaw, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14, 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, Bylaw, vote, agreement policy or any provision of the certificate of incorporation of the Company or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Digital Media Solutions, Inc.)
No Duplication of Payments. Except as otherwise set forth in [Subject to Section 15 abovehereof, the t]3[T]he 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, Bylawcontract, voteagreement, agreement provision of the Charter and Bylaws or otherwise) otherwise of the amounts otherwise indemnifiable hereunderhereunder (except with respect to any excess beyond the amount paid under such insurance policy, contract, agreement, provision of the Charter and Bylaws or otherwise).
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above13 hereof, 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, Bylawany provision of the Company’s Certificate of Incorporation and Bye-Laws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14 hereof, 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, Bylaw, vote, agreement or any provision of the Operating Agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Fortress Transportation & Infrastructure Investors LLC)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above12, the Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Bylawby law, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Electro Scientific Industries Inc)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above13 hereof, 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, Bylaw, vote, agreement or any provision of the Company’s Certificate of Incorporation or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Virgin Trains USA LLC)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above11(b) of this Agreement, 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, Bylaw, vote, agreement the Companies’ articles of organization or by-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (LPL Investment Holdings Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above11(b) of this Agreement, the Company 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, Bylaw, vote, agreement the Company’s certificate of incorporation or by-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (LPL Investment Holdings Inc.)
No Duplication of Payments. Except as to the extent otherwise set forth provided in Section 15 above, the 14,the Company shall not be liable under this Agreement to make any payment to or on behalf of Indemnitee in connection with any claim made against Indemnifiable Amounts actually and reasonably incurred by Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, vote, agreement policy or any provision of the Certificate of Incorporation or otherwise) in respect of the amounts otherwise indemnifiable hereundersuch Indemnifiable Amounts.
Appears in 1 contract
Samples: Indemnification Agreement (Bowhead Specialty Holdings Inc.)
No Duplication of Payments. Except as otherwise set forth in Section 15 aboveSubject to Paragraph 13 hereof, 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, Bylawany provision of the Company’s Certificate of Incorporation and By-laws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Global Aviation Holdings Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14, 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, Bylaw, vote, agreement policy or any provision of the Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14 hereof, 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, Bylaw, vote, agreement or any provision of the Organizational Documents or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (FTAI Infrastructure Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above13 hereof, 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, Bylaw, vote, agreement or any provision of the Company’s By-Laws or otherwise) of the amounts otherwise indemnifiable hereunder. 15.
Appears in 1 contract
Samples: Indemnification Agreement Agreement (New Fortress Energy Inc.)
No Duplication of Payments. Except as otherwise set forth in Section 15 aboveSubject to Paragraph 13 hereof, 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, Bylawany provision of the Company’s Certificate of Incorporation and Bylaws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14 hereof, 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, Bylaw, vote, agreement or any provision of the Certificate of Incorporation or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Form of Indemnification Agreement (AdvancePierre Foods Holdings, Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above13 hereof, 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, Bylaw, vote, agreement or any provision of the LLC Agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14 hereof, 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 that Indemnitee has otherwise actually received payment (of such amount otherwise indemnifiable hereunder, whether under any insurance policy, Bylawprovision of the Certificate of Incorporation or Bylaws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Kinsale Capital Group, Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above13 hereof, 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, Bylawany provision of the Certificate and Bylaws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14, 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, Bylaw, vote, agreement any provision of the Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Form of Indemnification Agreement (EverBank Financial Corp)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14, 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, Bylaw, vote, agreement policy or any provision of the Certificate of Incorporation or Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (We Co.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 abovehereof, 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, Bylaw, vote, agreement or any provision of the Operating Agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Five Point Holdings, LLC)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above15, 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 Losses to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Bylawthe Constituent Documents, vote, agreement Other Indemnity Provisions or otherwise) otherwise of the amounts otherwise indemnifiable by the Company hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Learning Tree International, Inc.)
No Duplication of Payments. Except as otherwise set forth in Section 15 above, the The Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, vote, agreement charter documents or otherwise) of the amounts otherwise indemnifiable hereunder; notwithstanding the foregoing, any payments actually received by either Indemnitee or any professional association with which Indemnitee may be affiliated, pursuant to any insurance policy covering acts or omissions of the Indemnitee effected by him in any professional capacity shall not be considered to be "duplicative payments" for purposes of this Section 12.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above15(c) hereof, 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, Bylaw, vote, agreement any provision of the Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above15(e) hereof, 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, Bylaw, vote, agreement any provision of the Articles or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14 hereof, 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, Bylaw, vote, agreement or any provision of the Charter or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Newcastle Investment Corp)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above15, 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, Bylaw, vote, agreement policy or any provision of the Certificate of Incorporation or By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above13 hereof, 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, Bylawany provision of the Company’s Certificate of Incorporation and Bylaws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Pacific Capital Bancorp /Ca/)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above13, the Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent the that Indemnitee has otherwise actually received payment (for such amounts under any insurance policy, Bylawcontract, voteagreement, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Section 15 above, the Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Great Ajax Corp.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above17, 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, Bylawcharter, bylaw, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Section 15 above14, 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, Bylawprovision of the Bylaws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 1 contract
Samples: Indemnification Agreement (Brooklyn ImmunoTherapeutics, Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14 hereof, 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, Bylaw, vote, agreement or any provision of the Memorandum and Articles of Association or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (FTAI Finance Holdco Ltd.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above13 hereof, 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, Bylawany provision of the Charter and the By-Laws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14 hereof, 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 that Indemnitee has otherwise actually received payment (of such amount otherwise indemnifiable hereunder, whether under any insurance policy, Bylawprovision of the Articles of Incorporation or Regulations, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Safe Auto Insurance Group, Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14 hereof, 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 payment has otherwise actually received payment been made to or on behalf of Indemnitee (under any insurance policy, Bylaw, vote, agreement or any provision of the Company’s Certificate of Incorporation or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above12, 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 the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, vote, agreement the Company’s Certificate of Incorporation or otherwise) By-Laws or otherwise of the amounts otherwise indemnifiable by the Company hereunder.
Appears in 1 contract
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above14 hereof, 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, Bylaw, vote, agreement or any provision of the Company’s Memorandum of Association or the Bye-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Form of Indemnification Agreement (SeaCube Container Leasing Ltd.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above13 hereof, 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, Bylawany provision of the Company’s Charter and By-Laws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Form of Indemnification Agreement (SelectQuote, Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above15(c) hereof, 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, Bylaw, vote, agreement any provision of the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Select Interior Concepts, Inc.)
No Duplication of Payments. Except as otherwise set forth in Subject to Section 15 above13 hereof, 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 payment has otherwise actually received payment been made by or on behalf of Indemnitee (under any insurance policy, Bylaw, vote, agreement any provision of the Governing Documents or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Master Services Agreement (Zanite Acquisition Corp.)
No Duplication of Payments. Except as otherwise set forth in Section 15 above14, the Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent the that Indemnitee has otherwise actually received payment for such amounts (whether under any insurance policy, Bylawcontract, voteagreement, agreement the Company's certificate of incorporation or bylaws, or otherwise) of the amounts otherwise indemnifiable hereunder).
Appears in 1 contract
