Common use of No Presumption as to Absence of Good Faith Clause in Contracts

No Presumption as to Absence of Good Faith. The determination of any Claim by judgment, order, settlement or conviction, or upon a plea of “nolo contendere” or its equivalent, shall not, of itself, create any presumption for the purposes of this Agreement that the Executive did not act honestly and in good faith with a view to the best interests of the Corporation or, in the case of a criminal or administrative action or proceeding, that he did not have reasonable grounds for believing that his conduct was lawful (unless the judgment or order of the Court specifically finds otherwise) or that the Executive had committed willful neglect or gross default.

Appears in 3 contracts

Samples: Employment Agreement (NUCRYST Pharmaceuticals Corp.), Employment Agreement (NUCRYST Pharmaceuticals Corp.), Indemnification Agreement (NUCRYST Pharmaceuticals Corp.)

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No Presumption as to Absence of Good Faith. The determination of any Claim by judgment, order, settlement or conviction, or upon a plea of "nolo contendere" or its equivalent, shall not, of itself, create any presumption for the purposes of this Agreement that the Executive did not act honestly and in good faith with a view to the best interests of Aurinia or any subsidiary, as the Corporation case may be, or, in the case of a criminal or administrative action or proceeding, that he did not have reasonable grounds for believing that his conduct was lawful (unless the judgment or order of the Court specifically finds otherwise) or that the Executive had committed willful wilful neglect or gross default.

Appears in 1 contract

Samples: Indemnification Agreement (Aurinia Pharmaceuticals Inc.)

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