Common use of No Presumption Regarding Standard of Conduct Clause in Contracts

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive under the preceding subsection (a) of this section that indemnification of Executive is proper because Executive has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholders) that Executive has not met such applicable standard of conduct, shall create a presumption that Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by the Executive under the preceding subsection (aSection 16(a) of this section above that indemnification of the Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that the Executive has not met such applicable standard of conduct, shall create a presumption that the Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive under the preceding subsection (aSection 16(a) of this section above that indemnification of Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that Executive has not met such applicable standard of conduct, shall create a presumption that Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive under the preceding subsection (aSection 17(a) of this section above that indemnification of Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that Executive has not met such applicable standard of conduct, shall create a presumption that Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive under the preceding subsection (aSection 15(a) of this section above that indemnification of Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that Executive has not met such applicable standard of conduct, shall create a presumption that Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive under the preceding subsection (aParagraph 10(a) of this section above that indemnification of Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that Executive has not met such applicable standard of conduct, shall create a presumption that Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Boardboard of directors, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by the Executive under the preceding subsection (aSection 16(a) of this section above that indemnification of the Executive is proper because Executive has met the applicable standard of conduct, nor a determination by the Company (including its Boardboard of directors, independent legal counsel or shareholdersstockholders) that the Executive has not met such applicable standard of conduct, shall create a presumption that the Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by the Executive under the preceding subsection (aSection 15(a) of this section above that indemnification of the Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that the Executive has not met such applicable standard of conduct, shall create a presumption that the Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Boardboard of directors, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by the Executive under the preceding subsection (aSection 15(a) of this section above that indemnification of the Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Boardboard of directors, independent legal counsel or shareholdersstockholders) that the Executive has not met such applicable standard of conduct, shall create a presumption that the Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Boardboard of directors, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by the Executive under the preceding subsection (aSection 16(a) of this section above that indemnification of the Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Boardboard of directors, independent legal counsel or shareholdersstockholders) that the Executive has not met such applicable standard of conduct, shall create a presumption that the Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive under the preceding subsection (aSection 18(a) of this section above that indemnification of Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that Executive has not met such applicable standard of conduct, shall create a presumption that Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Boardmember, independent legal counsel or shareholdersthe Board) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive Employee under the preceding subsection (a) of this section Section 10.1 above that indemnification of Executive Employee is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Boardmember, independent legal counsel or shareholdersthe Board) that Executive Employee has not met such applicable standard of conduct, shall create a presumption that Executive Employee has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by the Executive under the preceding subsection (aSection 14(a) of this section that indemnification of the Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that the Executive has not met such applicable standard of conduct, shall create a presumption that the Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Boardboard of directors, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by the Executive under the preceding subsection (aSection 15(a) of this section above that indemnification of the Executive is proper because Executive she has met the applicable standard of conduct, nor a determination by the Company (including its Boardboard of directors, independent legal counsel or shareholdersstockholders) that the Executive has not met such applicable standard of conduct, shall create a presumption that the Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive the Chairman under the preceding subsection (aSection 12(a) of this section above that indemnification of Executive the Chairman is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that Executive the Chairman has not met such applicable standard of conduct, shall create a presumption that Executive the Chairman has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive under the preceding subsection (aSection 12(a) of this section above that indemnification of Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that Executive has not met such applicable standard of conduct, shall create a presumption that Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive Employee under the preceding subsection (aSection 16(a) of this section above that indemnification of Executive Employee is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that Executive Employee has not met such applicable standard of conduct, shall create a presumption that Executive Employee has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the -------------------------------------------- failure of the Company (including its Board, independent legal counsel or shareholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive under the preceding subsection (a) of this section that indemnification of Executive is proper because Executive has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholders) that Executive has not met such applicable standard of conduct, shall create a presumption that Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive under the preceding subsection (aSection 17(a) of this section above that indemnification of Executive is proper because Executive she has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that Executive has not met such applicable standard of conduct, shall create a presumption that Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment payments of amounts claimed by Executive Employee under the preceding subsection (a) of this section Company Indemnity Section above that indemnification of Executive Employee is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel counsel, or shareholdersstockholders) that Executive Employee has not met such applicable standard of conduct, shall create a presumption that Executive Employee has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive Xxxxx under the preceding subsection (a) of this section that indemnification of Executive Xxxxx is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that Executive Xxxxx has not met such applicable standard of conduct, shall create a presumption that Executive Xxxxx has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by the Executive under the preceding subsection (aSection 12(a) of this section above that indemnification of the Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that the Executive has not met such applicable standard of conduct, shall create a presumption that the Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of -------------------------------------------- the Company (including its Board, independent legal counsel or shareholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive under the preceding subsection (a) of this section that indemnification of Executive is proper because Executive has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholders) that Executive has not met such applicable standard of conduct, shall create a presumption that Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by the Executive under the preceding subsection (aSection 16(a) of this section above that indemnification of the Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the 22 Company (including its Board, independent legal counsel or shareholdersstockholders) that the Executive has not met such applicable standard of conduct, shall create a presumption that the Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Board, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by Executive under the preceding subsection (aSection 11(a) of this section above that indemnification of Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Board, independent legal counsel or shareholdersstockholders) that Executive has not met such applicable standard of conduct, shall create a presumption that Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its BoardBoard of Directors, independent legal counsel or shareholders) to have made a determination prior to the commencement of any proceeding Proceeding concerning payment of amounts claimed by Executive under the preceding subsection (aSection 3(d)(iv)(A) of this section that indemnification of Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its BoardBoard of Directors, independent legal counsel or shareholdersstockholders) that Executive has not met such applicable standard of conduct, shall create a presumption that Executive has not met the applicable standard of conduct.

No Presumption Regarding Standard of Conduct. Neither the failure of the Company (including its Boardboard of directors, independent legal counsel or shareholdersstockholders) to have made a determination prior to the commencement of any proceeding concerning payment of amounts claimed by the Executive under the preceding subsection (aSection 12(a) of this section above that indemnification of the Executive is proper because Executive he has met the applicable standard of conduct, nor a determination by the Company (including its Boardboard of directors, independent legal counsel or shareholdersstockholders) that the Executive has not met such applicable standard of conduct, shall create a presumption that the Executive has not met the applicable standard of conduct.. (c)