No Duplication of Payments. Subject to Section 15(e) hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the 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. Subject to Section 15(e) 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate Company’s Articles of Incorporation and Bylaws, 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. Subject to Except as otherwise provided in Section 15(e) hereof11(a), the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation 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. Subject to Section 15(e) 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the that Indemnitee has otherwise actually received payment (of such amount otherwise indemnifiable hereunder, whether under any insurance policy, any provision of the Certificate of Incorporation or Bylaws, 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. Subject to Section 15(e) hereof14, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the 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, any provision of the Certificate of Incorporation contract, 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. Subject to Section 15(e) hereof14, 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, 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.), Indemnification Agreement (Vertiv Holdings Co)
No Duplication of Payments. Subject to Section 15(e) 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Certificate of Incorporation Company’s By-Laws or otherwise) of the amounts otherwise indemnifiable hereunder. 15.
Appears in 2 contracts
Samples: Indemnification Agreement (New Fortress Energy Inc.), Indemnification Agreement (New Fortress Energy Inc.)
No Duplication of Payments. Subject to Except as otherwise set forth in Section 15(e) hereof10 below, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation 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. Subject to Section 15(e) hereof, the The Company shall not be liable under this Agreement Section B 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, any provision of the Company's Amended and Restated Certificate of Incorporation Incorporation, or the Company's By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Executive Severance and Indemnification Agreement (Procept Inc), Executive Severance and Indemnification Agreement (Procept Inc)
No Duplication of Payments. Subject to Section 15(e) Paragraph 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate Company’s Articles of Incorporation and By-Laws, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Cache Inc), Voting Agreement (Cache Inc)
No Duplication of Payments. Subject to Section 15(e) 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the that Indemnitee has otherwise actually received payment (of such amount otherwise indemnifiable hereunder, whether under any insurance policy, any provision of the Certificate of Incorporation or By-Laws, 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. Subject to Section 15(e) 14 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Company’s Bye-Laws, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (NDS Group Holdings, LTD), Indemnification Agreement (Freescale Semiconductor Holdings I, Ltd.)
No Duplication of Payments. Subject to Section 15(e) 14 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Certificate of Incorporation 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. Subject to Section 15(e15(c) hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Select Interior Concepts, Inc.)
No Duplication of Payments. Subject to Section 15(e) 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee payment has otherwise actually received payment been made by or on behalf of Indemnitee (under any insurance policy, any provision of the Certificate of Incorporation Governing Documents or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Business Combination Agreement (Zanite Acquisition Corp.)
No Duplication of Payments. Subject to Section 15(e) 14 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Certificate of Incorporation or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (AdvancePierre Foods Holdings, Inc.)
No Duplication of Payments. Subject to Section 15(e) 14 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the that Indemnitee has otherwise actually received payment (of such amount otherwise indemnifiable hereunder, whether under any insurance policy, any provision of the Certificate of Incorporation or Bylaws, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Kinsale Capital Group, Inc.)
No Duplication of Payments. Subject to Section 15(e) 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Charter and the By-Laws, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Subject to Section 15(e) 14 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Certificate Company’s Memorandum of Incorporation Association or the Bye-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (SeaCube Container Leasing Ltd.)
No Duplication of Payments. Subject to Section 15(e) 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Company’s Certificate of Incorporation and Bye-Laws, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Subject to Section 15(e15(c) hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Subject to Except as otherwise set forth in Section 15(e) hereof14, 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, any provision of the Certificate of Incorporation 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. Subject to Section 15(e) 14 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Certificate Memorandum and Articles of Incorporation Association or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (FTAI Finance Holdco Ltd.)
No Duplication of Payments. Subject to Section 15(e) Paragraph 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Governance Documents or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Subject to Section 15(e) 14 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Certificate of Incorporation Charter or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Newcastle Investment Corp)
No Duplication of Payments. Subject to Section 15(e) 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Company’s Charter and By-Laws, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Subject to Except as otherwise set forth in Section 15(e) hereof15 above, 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 that the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Bylaw, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Subject to Section 15(e) hereof15, the Company shall not be liable under this Agreement to make any payment to Indemnitee in connection with respect of any Claim made against the Indemnitee Losses to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Constituent Documents, 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. Subject to Section 15(e) hereof16, 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, any provision of the Certificate of Incorporation charter, bylaw, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Subject to Section 15(e) hereof14, 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, 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. Subject to Section 15(e11(b) hereofof 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, any provision the Companies’ articles of the Certificate of Incorporation 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. Subject to Section 15(e) hereof14, 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, policy or any provision of the Certificate certificate of Incorporation incorporation of the Company or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Digital Media Solutions, Inc.)
No Duplication of Payments. Subject to Section 15(e) Paragraph 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Company’s Certificate of Incorporation and Bylaws, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Subject to Section 15(e) 14 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the that Indemnitee has otherwise actually received payment (of such amount otherwise indemnifiable hereunder, whether under any insurance policy, any provision of the Certificate Articles of Incorporation or Regulations, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Safe Auto Insurance Group, Inc.)
No Duplication of Payments. Subject to Section 15(e) hereof14, 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, 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. Subject to Section 15(e) 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Certificate of Incorporation LLC Agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Subject to Section 15(e) 14 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Certificate of Incorporation Organizational Documents or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (FTAI Infrastructure Inc.)
No Duplication of Payments. Subject to Section 15(e11(b) hereofof 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, any provision the Company’s certificate of the Certificate of Incorporation 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. Subject to Section 15(e) Paragraph 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Company’s Certificate of Incorporation and By-laws, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Global Aviation Holdings Inc.)
No Duplication of Payments. Subject to Section 15(e) hereof12, the Company shall not be liable under this Agreement to make any payment to Indemnitee in connection with respect of any Claim made against the Indemnitee Expenses or Other Liabilities to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of 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. Subject to Section 15(e) 14 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee payment has otherwise actually received payment been made to or on behalf of Indemnitee (under any insurance policy, 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. Subject to Section 15(e) 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Company’s Certificate of Incorporation and Bylaws, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Pacific Capital Bancorp /Ca/)
No Duplication of Payments. Subject Except to the extent otherwise provided in Section 15(e) hereof, 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 the Indemnifiable Amounts actually and reasonably incurred by Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, 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. Subject to Section 15(e) hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Articles or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Subject to the provisions of Section 15(e3(c) hereofabove, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the any Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.received
Appears in 1 contract
Samples: Board of Directors Agreement (Apollo Medical Holdings, Inc.)
No Duplication of Payments. Subject to Section 15(e) 15 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Certificate of Incorporation 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. Subject to Except as provided in Section 15(e) hereof7, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Subject to Section 15(e) hereof13, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the 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, any provision of the Certificate of Incorporation contract, agreement, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Subject to Section 15(e) hereof14, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (EverBank Financial Corp)
No Duplication of Payments. Subject to Except as otherwise set forth in Section 15(e) hereof14, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the 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, any provision contract, agreement, the Company's certificate of the Certificate of Incorporation incorporation or bylaws, or otherwise) of the amounts otherwise indemnifiable hereunder).
Appears in 1 contract
No Duplication of Payments. Subject to Section 15(e) hereof15, 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, 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. Subject to the provisions of Section 15(e) hereof15 of this Agreement, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the 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, any provision of the Certificate of Incorporation contract, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. Subject to Section 15(e) hereof12, 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, any provision of the Certificate of Incorporation by law, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Electro Scientific Industries Inc)
No Duplication of Payments. Subject to Section 15(e) 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, 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. Subject to Section 15(e) 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation and Bylaws, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
