No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding against Indemnified Party to the extent Indemnified Party has otherwise actually received payment (under any D&O Insurance, the Articles of Incorporation, the Bylaws, the Act or otherwise) of the amounts which may be paid hereunder.
Appears in 20 contracts
Samples: Indemnification Agreement (Oakley Inc), Indemnification Agreement (Oakley Inc), Indemnification Agreement (Oakley Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding against Indemnified Party to the extent Indemnified Party has otherwise actually received payment (under any D&O InsuranceInsurance , the Articles of Incorporation, the Bylaws, the Act or otherwise) of the amounts which may be paid hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Oakley Inc), Indemnification Agreement (Oakley Inc), Indemnification Agreement (Oakley Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding proceeding against the Indemnified Party to the extent the Indemnified Party has otherwise actually received payment (under any D&O Insuranceinsurance policy, the Articles of Incorporation, the Bylaws, the Act bylaw or otherwise) of the amounts which may be paid hereunderotherwise subject to indemnification under this Agreement.
Appears in 3 contracts
Samples: Indemnification Agreement (Birner Dental Management Services Inc), Indemnification Agreement (Uroquest Medical Corp), Indemnification Agreement (Exabyte Corp /De/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding claim made against any Indemnified Party to the extent the Indemnified Party has otherwise actually received payment (under any D&O Insuranceinsurance policy, the Articles of IncorporationBye-law, the Bylawsagreement, the Act statute or otherwise) of the amounts which may be paid otherwise payable as indemnity hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Primus Guaranty LTD), Indemnification Agreement (Primus Guaranty LTD)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding Claim made against the Indemnified Party to the extent the Indemnified Party has otherwise actually received payment (under any D&O Insuranceinsurance policy, the Company’s Articles of Incorporation, the Bylaws, the Act Incorporation or Bylaws or otherwise) of the amounts which may be paid otherwise indemnifiable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (QC Holdings, Inc.), Indemnification Agreement (Epiq Systems Inc)
No Duplication of Payments. The Company shall not be -------------------------- liable under this Agreement to make any payment in connection with any Proceeding against Indemnified Party of amounts otherwise indemnifiable hereunder if and to the extent that the Indemnified Party has otherwise actually and properly received payment (of such amounts under any D&O Insuranceinsurance policy, the Articles of Incorporationcontract, the Bylaws, the Act agreement or otherwise) of the amounts which may be paid hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Igen International Inc /De)
No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment in connection with any Proceeding claim made against an Indemnified Party to the extent such Indemnified Party has otherwise actually received payment (under any D&O Insuranceinsurance policy, the Company's Articles of IncorporationRestatement, as amended, the Bylaws, the Act Company's Bylaws or otherwise) of the amounts which may be paid otherwise indemnifiable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Omega Healthcare Investors Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding Claim made against Indemnified Party to the extent Indemnified Party has otherwise actually received payment (under any D&O Insuranceinsurance policy, the Articles of Incorporation, the Bylaws, the Act Bylaws or otherwise) of the amounts which may be paid otherwise indemnifiable hereunder.
Appears in 1 contract
