Common use of No Other Presumptions Clause in Contracts

No Other Presumptions. For purposes of this Agreement, the termination of any Claim 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 did not 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 Company (including the Disinterested Directors, a committee thereof, Independent Legal Counsel, or its stockholders) to have made a determination as to whether Indemnitee met any particular standard of conduct or had any particular belief, nor an actual determination by the Company (including the Disinterested Directors, a committee thereof, Independent Counsel, or its stockholders) that Indemnitee did not meet any particular standard of conduct or did not have any particular 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 did not meet any particular standard of conduct or did not have any particular belief.

No Other Presumptions. For purposes of this Agreement, the termination of any Claim Claim, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, contendere or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or did not 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 or the Company (including the Disinterested Directorsits Board, a committee thereof, Independent Legal Counselindependent counsel, or its stockholders) 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 or the Company (including the Disinterested Directorsits Board, a committee thereof, Independent Counselindependent counsel, or its stockholders) that Indemnitee did has not meet any particular met such standard of conduct or did not have any particular 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 did has not meet met any particular standard of conduct or did not have any particular belief.

No Other Presumptions. For purposes of this Agreement, the termination of any Claim Claim, action, suit, or proceeding, by judgment, order, settlement (whether with or without court approval) ), or conviction, or upon a plea of nolo contendere, no contest or its equivalent, shall not create a presumption that the Indemnitee did not meet satisfy any particular standard of conduct or did not 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 Company (including the Disinterested Directors, a committee thereof, Independent Legal Counsel, or its stockholders) Board of Directors to have made a determination as to about whether the Indemnitee met has satisfied any particular standard of conduct or had any particular belief, nor an actual determination by the Company (including Board of Directors that the Disinterested Directors, a committee thereof, Independent Counsel, or its stockholders) that Indemnitee did has not meet any particular satisfied the standard of conduct or did not have any particular belief, prior to the before commencement of legal proceedings by the Indemnitee to secure a judicial determination that the Indemnitee should be indemnified under applicable law, law shall be a defense to the Indemnitee’s claim or create a presumption that the Indemnitee did has not meet satisfied any particular standard of conduct or did not have any particular belief.

No Other Presumptions. For purposes of this Agreement, the termination of any Claim 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 did not 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 Company (including the Disinterested Directors, a committee thereof, Independent Legal Counsel, or its stockholders) to have made a determination as to whether Indemnitee met any particular standard of conduct or had any particular belief, nor an actual determination by the Company (including the Disinterested Directors, a committee thereof, Independent Counsel, or its stockholders) that Indemnitee did not meet any particular standard of conduct or did not have any particular belief, prior to the commencement of legal proceedings by Indemnitee Xxxxxxxxxx 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 did not meet any particular standard of conduct or did not have any particular belief.

No Other Presumptions. For purposes of this AgreementAgreement and all other purposes, the termination of any Claim 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 the Indemnitee did not meet any particular standard of conduct or did not 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 Company (including the Disinterested Directors, a committee thereofReviewing Party, Independent Legal Counsel, the Board (or its any committee of the Board or group of directors), the stockholders (or any group of stockholders) or any other Person to have made a determination as to whether the Indemnitee has met any particular standard of conduct or had any particular belief, nor an actual determination by any of them that the Company (including the Disinterested Directors, a committee thereof, Independent Counsel, or its stockholders) that Indemnitee did has not meet any particular met such standard of conduct or did not have any particular such belief, prior to the commencement of legal proceedings Proceedings by the Indemnitee to secure a judicial determination that the Indemnitee should be indemnified under applicable lawindemnified, shall be a defense to the Indemnitee’s claim or create a presumption that the Indemnitee did has not meet met any particular standard of conduct or did not have any particular belief.

No Other Presumptions. For purposes of this Agreement, the termination of any Claim Claim, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, contendere or its equivalent, shall not create a presumption that the Indemnitee did not meet any particular standard of conduct or did not 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 Company (including the Disinterested Directorsby its directors, a committee thereof, stockholders or any Independent Legal Counsel, or its stockholders) to have made a determination as to whether the Indemnitee has met any particular standard of conduct or had any particular belief, nor an actual determination by the Company (including the Disinterested Directorsby its directors, a committee thereof, stockholders or any Independent Counsel, or its stockholders) that the Indemnitee did has not meet any particular met such standard of conduct or did not have any particular such belief, prior to the commencement of legal proceedings by the Indemnitee to secure a judicial determination that the Indemnitee should be indemnified under applicable law, shall be a defense to the Indemnitee’s claim Claim or create a presumption that the Indemnitee did has not meet met any particular standard of conduct or did not have any particular belief.

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