No Duplication of Payments. 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 that the Indemnitee has otherwise received payment (under any insurance policy, Bylaw, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 12 contracts
Samples: Indemnification Agreement (Inference Corp /Ca/), Indemnification Agreement (Inference Corp /Ca/), Indemnification Agreement (Inference Corp /Ca/)
No Duplication of Payments. The Except as otherwise set forth in Section 3(b) above, the Company shall not be liable under -------------------------- this Agreement to make any payment in connection with any claim Claim made against the an Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylawcertificate of incorporation, bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 11 contracts
Samples: Indemnification Agreement (Marinus Pharmaceuticals, Inc.), Indemnification Agreement (Marinus Pharmaceuticals, Inc.), Indemnification Agreement (Marinus Pharmaceuticals Inc)
No Duplication of Payments. 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, BylawCertificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Sound Source Interactive Inc /De/), Indemnification Agreement (Sound Source Interactive Inc /De/), Indemnification Agreement (Therasense Inc)
No Duplication of Payments. The Company shall not be liable under this -------------------------- 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, Bylawprovision of the Company's certificate of incorporation, bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Emachines Inc /De/), Indemnification Agreement (Emachines Inc /De/), Indemnification Agreement (Top Tier Software Inc)
No Duplication of Payments. 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 that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc)
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc)
No Duplication of Payments. The Company shall not be liable under -------------------------- --------------------------- this Agreement to make any payment in connection with any claim action, suit, proceeding, inquiry or investigation made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 3 contracts
Samples: Indemnification Agreement (Nava Leisure Usa Inc), Indemnification Agreement (Nava Leisure Usa Inc), Indemnification Agreement (Contessa Corp /De)
No Duplication of Payments. The Company shall not be liable under this -------------------------- 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, Bylaw, the Certificate or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Interest and Dividends, Merrill Lynch & Co Inc
No Duplication of Payments. 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 that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Anheuser-Busch Companies, Inc.), Indemnification Agreement (Anheuser Busch Companies Inc)
No Duplication of Payments. The Company shall not be liable -------------------------- under -------------------------- this Agreement to make any payment in connection with any claim Claim made against the any Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Form of Indemnity Agreement (Catalytica Energy Systems Inc), Indemnity Agreement (Applied Science Fiction Inc)
No Duplication of Payments. The Company shall not be liable under -------------------------- ----------------------------- this Agreement to make any payment in connection with any claim action, suit, proceeding, inquiry or investigation made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Nava Leisure Usa Inc), Indemnification Agreement (Nava Leisure Usa Inc)
No Duplication of Payments. The Company shall not be liable -------------------------- under -------------------------- this Agreement to make any payment in connection with any claim Claim made against the any Indemnitee to the extent that the such Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Releasenow Com Corp), Indemnification Agreement (Kana Communications Inc)
No Duplication of Payments. 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, Bylaw, By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnity Agreement (Citadel Security Software Inc), Petsmart Com Inc
No Duplication of Payments. The Company shall not be liable under -------------------------- this Agreement to make any payment in connection with any claim made against the Indemnitee action to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, by-law provision or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: 16 Indemnification Agreement (Via Net Works Inc), Indemnification Agreement (Global Imaging Systems Inc)
No Duplication of Payments. 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, Bylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Tci Satellite Entertainment Inc), Indemnification Agreement (Tci Satellite Entertainment Inc)
No Duplication of Payments. The Company shall not be liable -------------------------- under -------------------------- this Agreement to make any payment in connection with any claim made against the Indemnitee Action to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, bylaw provision or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Weeks Corp), Indemnification Agreement (Weeks Corp)
No Duplication of Payments. 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, Bylawprovision of the Company's Articles of Incorporation, Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Synplicity Inc), Indemnification Agreement (Multilink Technology Corp)
No Duplication of Payments. 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, Bylawprovision of the Company's Certificate of Incorporation, bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Biomarin Pharmaceutical Inc), Indemnification Agreement (Pointcast Inc)
No Duplication of Payments. The Company shall not be liable under this -------------------------- 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, Bylawthe Articles, Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Form of Indemnity Agreement (Asa Holdings Inc), Form of Indemnity Agreement (Asa Holdings Inc)
No Duplication of Payments. 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 that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, bylaw 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 claim action, suit, proceeding, inquiry or investigation made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawAmended and Restated Certificate of Incorporation, By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company shall Corporation will not be liable under -------------------------- this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, the Certificate or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Greenmountain Com Co)
No Duplication of Payments. The Company shall not be liable under -------------------------- this Agreement to make any payment in connection with any claim Claim made against the any Indemnitee to the extent that the such Indemnitee has otherwise actually received payment (under any insurance policy, BylawArticles of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderhereunder or to the extent that Indemnitee is entitled to be indemnified directly by any insurance company under the individual directors' and officers' liability provisions of any D&O Insurance maintained by the Company.
Appears in 1 contract
Samples: Indemnification Agreement (Orasure Technologies Inc)
No Duplication of Payments. 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 that the Indemnitee has otherwise received payment (under any insurance policy, Bylaw, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Xoom Inc)
No Duplication of Payments. The Company shall not be liable under -------------------------- this Agreement to make any payment in connection with any claim Claim made against the any Indemnitee to the extent that the such Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent that the Indemnitee has otherwise received payment (under any insurance policy, Bylaw, 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 claim Claim made against the Indemnitee to the extent that the such Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, By- Law 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 claim Claim made against the any Indemnitee to the extent that the such Indemnitee has otherwise actually received payment (under any insurance policy, BylawArticles, Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Exodus Communications Inc)
No Duplication of Payments. The Company Corporation shall not be liable under -------------------------- this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any other indemnification agreement, insurance policy, Bylaw, Certificate of Incorporation or Bylaw provision or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnity Agreement (Inprise Corp)
No Duplication of Payments. The Company Corporation shall not be liable under -------------------------- this Agreement to make any payment in connection with any claim made against the to Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylawcertificate of incorporation, bylaw, 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 claim Claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnity Agreement (Netpliance Inc)
No Duplication of Payments. The Company shall not be liable under -------------------------- this --------------------------- Agreement to make any payment in connection with any claim action, suit, proceeding, inquiry or investigation made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Senesco Technologies Inc)
No Duplication of Payments. 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, Bylaw, the Company's Regulations 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 claim action, suit, proceeding, inquiry or investigation made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawAmended and Restated Articles of Incorporation, By-Laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Analytical Graphics Inc)
No Duplication of Payments. 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 payment(under any insurance policy, Bylawprovision of the Company's Certificate of Incorporation, 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 claim Claim made against the any Indemnitee to the extent that the such Indemnitee has otherwise actually received payment (under any insurance policy, BylawRestated Certificate, 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 claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, provision of the 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 claim action, suit, proceeding, inquiry or investigation made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company shall not be liable under this -------------------------- 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, Bylawprovision of the Company's Articles of Incorporation, 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 claim action, suit, proceeding, inquiry or investigation made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawRestated Certificate of Incorporation, Bylaw 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 claim made against the Indemnitee otherwise due and payable to the extent that the Indemnitee has otherwise actually received payment (whether under any insurance policythe Certificate of Incorporation or the Bylaws of the Company, Bylaw, the D & O Insurance or otherwise) of the any amounts otherwise indemnifiable hereundersue and payable under 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 claim Claim made against any of the Indemnitee Indemnitees to the extent that any of the Indemnitee Indemnitees has otherwise actually received payment (under any insurance policy, Bylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Aastrom Biosciences Inc)
No Duplication of Payments. The Company shall not be liable under this -------------------------- 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, Bylaw, By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Wavesplitter Technologies Inc)
No Duplication of Payments. 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, Bylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: 2001 Employment Agreement (Western Gas Resources Inc)
No Duplication of Payments. 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, Bylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnity Agreement (Bay Apartment Communities Inc)
No Duplication of Payments. The Company shall not be liable under this -------------------------- this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, the Articles of Incorporation or Bylaws of the Company 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 claim made against the Indemnitee to the extent that the Indemnitee Indemitee has otherwise received payment (under any insurance policy, Bylaw, or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (St John Knits International Inc)
No Duplication of Payments. 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 that the Indemnitee has otherwise received payment (under any insurance policy, Bylaw, 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 claim action, suit, proceeding, inquiry or investigation made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, 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 -------------------------- this Agreement to make any payment in connection with any claim action, suit, proceeding, inquiry or investigation made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, Bylaw 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 claim Claim made against the any Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
No Duplication of Payments. The Company shall will not be liable under this -------------------------- 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, Bylaw, the Articles or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Scottish Annuity & Life Holdings LTD)
No Duplication of Payments. The Company shall not be liable -------------------------- under -------------------------- this Agreement to make any payment in connection with any claim action, suit, proceeding, inquiry or investigation made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, BylawCertificate of Incorporation, By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 1 contract
