Common use of No Duplicative Payments Clause in Contracts

No Duplicative Payments. The Company will not be liable under this Agreement to make any payment of amounts otherwise indemnifiable (or any Expense for which advancement is provided) hereunder if and to the extent that Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise. The Company's obligation to indemnify or advance Expenses hereunder to Indemnitee in respect of Proceedings relating to Indemnitee's service at the request of the Company as a director, officer, employee, partner, member, manager, trustee, fiduciary or agent of any other Enterprise will be reduced by any amount Indemnitee has actually received as indemnification or advancement of Expenses from such other Enterprise.

Appears in 7 contracts

Samples: Indemnification Agreement (Crimson Exploration Inc.), Indemnification Agreement (BioNumerik Pharmaceuticals, Inc.), Indemnification Agreement (Gulfwest Energy Inc)

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No Duplicative Payments. The Company will not be liable under this Agreement to make any payment of amounts otherwise indemnifiable identifiable (or any Expense for which advancement is provided) hereunder if and to the extent that Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise. The Company's ’s obligation to indemnify or advance Expenses hereunder to Indemnitee in respect of Proceedings relating to Indemnitee's ’s service at the request of the Company as a director, officer, employee, partner, member, manager, trustee, fiduciary or agent of any other Enterprise will be reduced by any amount Indemnitee has actually received as indemnification or advancement of Expenses from such other Enterprise.

Appears in 6 contracts

Samples: Independent Director Indemnification Agreement (Home Solutions of America Inc), Independent Director Indemnification Agreement (Home Solutions of America Inc), Executive Officer Indemnification Agreement (Home Solutions of America Inc)

No Duplicative Payments. The Company will not be liable under this Agreement to make any payment of amounts otherwise indemnifiable (indemnifiable, or any Expense for which advancement is provided) , hereunder if and to the extent that the Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise. The Company's ’s obligation to indemnify or advance Expenses hereunder to the Indemnitee in respect of Proceedings relating to the Indemnitee's ’s service at the request of the Company as a director, officer, employee, partner, member, manager, trustee, fiduciary or agent of any other Enterprise will be reduced by any amount the Indemnitee has actually received as indemnification or advancement of Expenses from such other Enterprise.

Appears in 3 contracts

Samples: Indemnification Agreement (Knife River Holding Co), Indemnification Agreement (Mdu Resources Group Inc), Indemnification Agreement (Mdu Resources Group Inc)

No Duplicative Payments. The Company will not be liable under this Agreement to make any payment of amounts otherwise indemnifiable (or any Expense for which advancement is provided) hereunder if and to the extent that Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise. The Company's ’s obligation to indemnify or advance Expenses hereunder to Indemnitee in respect of Proceedings relating to Indemnitee's ’s service at the request of the Company as a director, officer, employee, partner, member, manager, venturer, proprietor, trustee, fiduciary or agent of any other Enterprise will be reduced by any amount Indemnitee has actually received as indemnification or advancement of Expenses from such other Enterprise.

Appears in 2 contracts

Samples: Indemnification Agreement (Mannatech Inc), Indemnification Agreement (Mannatech Inc)

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No Duplicative Payments. The Company will not be liable under this Agreement to make any payment of amounts otherwise indemnifiable (or any Expense for which advancement is provided) hereunder if and to the extent that Indemnitee has otherwise actually received such payment under any insurance policypolicy purchased by the Company, contract, agreement or otherwise. The Company's ’s obligation to indemnify or advance Expenses hereunder to Indemnitee in respect of Proceedings relating to Indemnitee's ’s service at the request of the Company as a director, officer, employee, partner, member, manager, trustee, fiduciary or agent of any other Enterprise will be reduced by any amount Indemnitee has actually received as indemnification or advancement of Expenses from such other Enterprise.

Appears in 1 contract

Samples: Indemnification Agreement (Blue Nile Inc)

No Duplicative Payments. The Company will not be liable under this Agreement to make any payment of amounts otherwise indemnifiable (or any Expense for which advancement is provided) hereunder if and to the extent that Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise. The Company's ’s obligation to indemnify or advance Expenses hereunder to Indemnitee in respect of Proceedings relating to Indemnitee's ’s service at the request of the Company as a director, officer, employee, partner, member, manager, venturer, proprietor, trustee, fiduciary or agent of any other Enterprise will be reduced by any amount Indemnitee has actually received as indemnification or advancement of Expenses in respect of such Proceeding from such other Enterprise.

Appears in 1 contract

Samples: Form of Indemnification Agreement (American Physicians Service Group Inc)

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