Common use of No Other Presumption Clause in Contracts

No Other Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law. In addition, neither the failure of the Reviewing Party to have made a determination as to whether Indemnitee has met any particular standard of conduct or had any particular belief, nor an actual determination by the Reviewing Party that Indemnitee has not met such standard of conduct or did not have such belief, prior to the commencement of legal proceedings by Indemnitee to secure a judicial determination that Indemnitee should be indemnified under applicable law shall be a defense to Indemnitee’s claim or create a presumption that Indemnitee has not met any particular standard of conduct or did not have any particular belief.

No Other Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, Proceeding by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, contendere or its equivalent, shall will not create a presumption that Indemnitee did not meet any particular applicable standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable lawlaw or otherwise. In addition, neither the failure of the Company, a Reviewing Party or a decision maker pursuant to Section 6(b) to have made a determination as to whether Indemnitee has met any particular standard of conduct or had any particular belief, nor an actual determination by the Company, a Reviewing Party or a decision maker pursuant to Section 6(b) that Indemnitee has not met such standard of conduct or did not have such belief, prior to the commencement of legal proceedings Proceedings by Indemnitee to secure a judicial determination that Indemnitee should be indemnified by exercising Indemnitee’s rights under applicable law Section 6(b) or 8(e) of this Agreement shall be a defense to Indemnitee’s claim or create a presumption that Indemnitee has not met failed to meet any particular standard of conduct or did not have any particular beliefbelief or is not entitled to indemnification under applicable law or otherwise.

No Other Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, Proceeding by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, contendere or its equivalent, shall will not create a presumption that Indemnitee did not meet any particular applicable standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable lawlaw or otherwise. In addition, neither the failure of the Company or a Reviewing Party to have made a determination as to whether Indemnitee has met any particular standard of conduct or had any particular belief, nor an actual determination by the Company, or a Reviewing Party that Indemnitee has not met such standard of conduct or did not have such belief, prior to the commencement of legal proceedings Proceedings by Indemnitee to secure a judicial determination that Indemnitee should be indemnified by exercising Indemnitee’s rights under applicable law Section 8(f) of this Agreement shall be a defense to Indemnitee’s claim or create a presumption that Indemnitee has not met failed to meet any particular standard of conduct or did not have any particular beliefbelief or is not entitled to indemnification under applicable law or otherwise.