No Presumption of Wrong Doing. The determination of any Claim, by adjudication, settlement, or otherwise, shall not, of itself, create any presumption for the purposes of this Indemnity Agreement that the Member did not act honestly and in good faith with a view to the best interests of the Company, or, in the case of a criminal or administrative action or proceeding, that the Member did not have reasonable grounds for believing that his conduct was lawful, unless a judgment or order of a court having jurisdiction specifically finds otherwise.
Appears in 4 contracts
Samples: Arrangement Agreement (Tahoe Resources Inc.), Arrangement Agreement (Pan American Silver Corp), Arrangement Agreement