No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or 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 the 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.
Appears in 67 contracts
Samples: Indemnification Agreement (Neo-Concept International Group Holdings LTD), Indemnification Agreement (Roma Green Finance LTD), Indemnification Agreement (Fenbo Holdings LTD)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, Claim by judgment, order, settlement (whether with or without court approval) ), or conviction, or upon a plea of nolo contendere, or its equivalent, or an entry of an order of probation prior to judgment shall not create a presumption (other than any presumption arising as a matter of law that the parties may not contractually agree to disregard) 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.
Appears in 62 contracts
Samples: Indemnification Agreement (Brinker International, Inc), Indemnification Agreement (Viewcast Com Inc), Indemnification Agreement (Holly Energy Partners Lp)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 53 contracts
Samples: Employment Agreement (Walt Disney Co), Employment Agreement (Walt Disney Co), Indemnification Agreement (Walt Disney Co)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, 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 not, of itself, create a presumption that the 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.
Appears in 49 contracts
Samples: Indemnification Agreement (Wendy's Restaurants, LLC), Indemnification Agreement (Mattersight Corp), Indemnification Agreement (Plato Learning Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any ProceedingClaim, action, suit or claim, 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 the 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.
Appears in 41 contracts
Samples: Indemnification Agreement (Mack Cali Realty L P), Indemnification Agreement (Mack Cali Realty L P), Indemnification Agreement (Mack Cali Realty L P)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit suit, or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 26 contracts
Samples: Indemnification Agreement (Phosphate Holdings, Inc.), Indemnification Agreement (Concentra Operating Corp), Indemnification Agreement (Concentra Operating Corp)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 17 contracts
Samples: Indemnity Agreement (Millerknoll, Inc.), Indemnity Agreement (Independent Bank Corp /Mi/), Indemnity Agreement (Macatawa Bank Corp)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, whether civil or criminal, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 13 contracts
Samples: Indemnification Agreement (Foot Locker, Inc.), Indemnification Agreement (Foot Locker, Inc.), Indemnification Agreement (MGP Ingredients Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit suit, or 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 the 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.
Appears in 13 contracts
Samples: Indemnification Agreement (FBS Global LTD), Indemnification Agreement (Mobile-Health Network Solutions), Indemnification Agreement (Ten-League International Holdings LTD)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law. 7.
Appears in 8 contracts
Samples: Indemnification Agreement (Cpi Corp), Indemnification Agreement (Cpi Corp), Indemnification Agreement (Cpi Corp)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claim, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 8 contracts
Samples: Indemnification Agreement (Procept Inc), Indemnification Agreement (Procept Inc), Executive Severance and Indemnification Agreement (Procept Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of -------------- any Proceedingclaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 7 contracts
Samples: Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Anheuser Busch Companies Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 7 contracts
Samples: Indemnification Agreement (CST Holding Corp.), Indemnification Agreement (Transit Management Holding Corp), Indemnification and Release Agreement (Electro Energy Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable lawlaw or this Agreement.
Appears in 6 contracts
Samples: Indemnity Agreement (Osullivan Industries Holdings Inc), Indemnity Agreement (Cs Wireless Systems Inc), Indemnification Agreement (Summit Properties Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, actionactions, suit or claim, 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 of itself create a presumption that the 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.
Appears in 6 contracts
Samples: Indemnification Agreement (FCStone Group, Inc.), Indemnification Agreement (Orasure Technologies Inc), Indemnification Agreement (Orasure Technologies Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, whether civil or criminal, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 5 contracts
Samples: Indemnification Agreement (Multimedia Games Inc), Indemnification Agreement (Multimedia Games Inc), Bindview Corporation Indemnification Agreement (Bindview Development Corp)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, Claim by judgment, order, order or settlement (whether with or without court approval) or conviction), 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 have had any particular belief or that a court has determined that indemnification is not permitted by this Agreement or applicable law.
Appears in 5 contracts
Samples: Indemnification Agreement (Analysis & Technology Inc), Indemnification Agreement (Kaman Corp), Form of Indemnification Agreement (Isomedix Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, 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 not, of itself, create a presumption that the 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.
Appears in 4 contracts
Samples: Indemnification Agreement (Vitaminshoppe Com Inc), Indemnification Agreement (Vitaminshoppe Com Inc), Indemnification Agreement (Peachtree Software Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, 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 have any particular belief or that a court has had determined that indemnification is not permitted by applicable law.
Appears in 4 contracts
Samples: Indemnity Agreement (PERRIGO Co PLC), Indemnity Agreement (PERRIGO Co PLC), Indemnity Agreement (Perrigo Co)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding-------------- claim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 3 contracts
Samples: Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc)
No Presumption. (a) For purposes of this Agreement, to the fullest extent permitted by law, the mere termination of any Proceeding, action, suit or 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 the 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.
Appears in 3 contracts
Samples: Form of Indemnification Agreement (China Clean Energy Inc), Indemnification Agreement (Tw Telecom Inc.), Indemnification Agreement (Tw Telecom Inc.)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the -------------- termination of any Proceedingclaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 3 contracts
Samples: Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Anheuser Busch Companies Inc), Indemnification Agreement (Anheuser-Busch Companies, Inc.)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, 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 have any particular belief or that a court has determined that indemnification is not payable under this Indemnification Agreement or permitted by applicable law.
Appears in 3 contracts
Samples: Directors and Officers Indemnification Agreement (Insight Enterprises Inc), Form of Indemnification Agreement (Duraswitch Industries Inc), Indemnification Agreement (Unison Healthcare Corp)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, Claim by judgment, order, settlement (whether with or without court approval) ), or conviction, or upon a plea of on nolo contendere, or its equivalent, or an entry of an order of probation prior to judgment shall not create a presumption (other than any presumption arising as a matter of law that the parties may not contractually agree to disregard) 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.
Appears in 3 contracts
Samples: Indemnification Agreement (First Acceptance Corp /De/), Indemnification Agreement (First Acceptance Corp /De/), Indemnification Agreement (Liberte Investors Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 3 contracts
Samples: Indemnification Agreement (Occidental Petroleum Corp /De/), Indemnification Agreement (Homebase Inc), Indemnification Agreement (Occidental Petroleum Corp /De/)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, 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 have any particular belief or that a court has determined that indemnification is not permitted by this Agreement or applicable law.
Appears in 3 contracts
Samples: Indemnity Agreement (COUPONS.com Inc), Indemnity Agreement (Broncus Technologies Inc/Ca), Indemnity Agreement (Asthmatx Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, Claim by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendereNOLO CONTENDERE, or its equivalent, shall not not, of itself, create a presumption that the 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.
Appears in 2 contracts
Samples: Indemnification Agreement (Core Mark International Inc), Indemnification Agreement (Langer Biomechanics Group Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit suit, or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 2 contracts
Samples: Directors Indemnification Agreement (Boise Cascade Corp), Directors Indemnification Agreement (Boise Cascade Corp)
No Presumption. (a) For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, 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 not, of itself, create a presumption that the 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.
Appears in 2 contracts
Samples: Indemnification Agreement (THQ Inc), Indemnification Agreement (Diametrics Medical Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any ProceedingClaim, action, suit or claimproceeding, 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 Employee 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.
Appears in 2 contracts
Samples: Employment Agreement (Amerigroup Corp), Employment Agreement (Amerigroup Corp)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit suit, or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 2 contracts
Samples: Indemnification Agreement (Oneok Inc /New/), Indemnification Agreement (Oneok Inc /New/)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claim, 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 of itself create a presumption that the 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.
Appears in 2 contracts
Samples: Indemnification Agreement (Embarq CORP), Indemnification Agreement (Sprint Corp)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification or contribution is not permitted by applicable law.
Appears in 2 contracts
Samples: Indemnification Agreement (Donnelley Enterprise Solutions Inc), Indemnification Agreement (Specialty Equipment Companies Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any ProceedingClaim, action, suit suit, or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 2 contracts
Samples: Indemnification Agreement (Datalink Corp), Indemnification Agreement (Primegg LTD)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination -------------- of any Proceeding, action, suit or claim, 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 not, of itself, create a presumption that the 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.
Appears in 2 contracts
Samples: Indemnification Agreement (Specialty Catalog Corp), Form of Indemnification Agreement (Peapod Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, 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 act in Good Faith or 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.
Appears in 2 contracts
Samples: Indemnification Agreement (Flowserve Corp), Employment Agreement (Flowserve Corp)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, Claim by judgment, order, settlement (whether with or without court approval) ), or conviction, or upon a plea of nolo contendere, or its equivalent, or an entry of an order or probation prior to judgment shall not create a presumption (other than an presumption arising as a matter of law that the parties may not contractually agree to disregard) 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.
Appears in 2 contracts
Samples: Separation Agreement (Graphon Corp/De), Indemnification Agreement (American Telecom Services Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any ProceedingClaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 2 contracts
Samples: Indemnification Agreement (MDC Holdings Inc), Indemnification Agreement (MDC Holdings Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any ProceedingClaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 2 contracts
Samples: Retirement and Consulting Agreement (Amerigroup Corp), Indemnification Agreement (Amerigroup Corp)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, otherwise shall not create a presumption that the Indemnitee Indemnitees 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.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any ProceedingClaim, action, suit or claimproceeding, 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 have any conduct, that Indemnitee had a particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Able Telcom Holding Corp)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of -------------- any Proceedingclaim, action, suit suit, or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of -------------- any Proceedingclaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable lawlaw or this Agreement.
Appears in 1 contract
Samples: Indemnity Agreement (Bay Apartment Communities Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, 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 the 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.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit suit, or claimproceeding, 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 in and of itself create a presumption that the 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.
Appears in 1 contract
Samples: Directors and Officers Indemnification Agreement (Omega Healthcare Investors Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, Proceeding by judgment, order, order or settlement (whether with or without court approval) or conviction), conviction or upon a plea of nolo contendere, contendere or its equivalent, shall not itself create a presumption that the Indemnitee did not meet any particular the relevant standard of conduct or have had any particular belief or that a court has determined that indemnification is not permitted by this Agreement or applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, Claim by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo no contendere, or its equivalent, shall not not, of itself, create a presumption that the 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.
Appears in 1 contract
Samples: Form of Indemnification Agreement (EndoCeutics, Inc.)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law. 8.
Appears in 1 contract
Samples: Indemnity Agreement Agreement (Anixter International Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, -------------- the termination of any Proceedingclaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, 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 Agent 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.
Appears in 1 contract
Samples: Indemnification Agreement (Panacos Pharmaceuticals, Inc.)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any ProceedingClaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable lawlaw or this Agreement.
Appears in 1 contract
No Presumption. For purposes of this Agreement, Agreement to the fullest extent permitted by law, the termination of any Proceeding, action, suit or 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 the 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.
Appears in 1 contract
Samples: Director Indemnification Agreement (T3 Motion, Inc.)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, 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 Indemnified Person 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.
Appears in 1 contract
Samples: Indemnification Agreement (Del Global Technologies Corp)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding-------------- claim, action, suit or claimproceeding, by judgmentjudgement, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any ProceedingClaim, action, suit suit, or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of -------------- any Proceedingclaim, action, suit or claimproceeding, 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 the 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.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Greenmountain Com Co)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, Claim by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contenderenolocontendere, or its equivalent, shall not not, of itself, create a presumption that the 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.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claimproceeding, 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 an Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification or contribution is not permitted by applicable law.
Appears in 1 contract
Samples: Management and Administrative Services Agreement (Specialty Equipment Companies Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claim, by judgment, order, settlement (whether with or without court approval) or conviction, or proceeding upon a plea of nolo contendere, contendre or its equivalent, shall equivalent will not create a presumption that the 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.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by lawapplicable law and the Articles of Association, the termination of any Proceeding, action, suit suit, or 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 the 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 lawlaw or the Articles of Association.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Gorilla Technology Group Inc.)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding-------------- claim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, whether civil or criminal, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contenderecontenders, or its equivalent, is not of itself determinative, and shall not create a presumption presumption, that the Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court or other body has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
Samples: Agreement (Electroscope Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, 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 not, of itself, adversely affect the right of the Indemnitee to indemnification or create a presumption that the Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification of Indemnitee is not permitted by under this Agreement or applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, Claim by judgment, order, settlement (whether with or without court approval) ), or conviction, or upon a plea of nolo contendere, or its equivalent, or an entry of an order of probation prior to judgment shall not create a presumption (other than any presumption arising as a matter of law that the parties may not contractually agree to disregard) that the 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.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contenderenob contendere [sic], or its equivalent, shall not create a presumption that the 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.
Appears in 1 contract
Samples: Indemnity Agreement (Fremont Michigan Insuracorp Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, proceeding by judgment, order, order settlement (whether with or without court approval) or conviction, or upon a plea of nolo contenderecontendre, or its equivalent, shall not create a presumption that the 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.
Appears in 1 contract
Samples: Securities Exchange Agreement (Great American Backrub Store Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit suit, or claimproceeding, by judgment, order, settlement (whether with or without court -9- 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or 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 the Indemnitee did not meet any particular standard of conduct or have any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
Samples: Indemnification Agreement (R&r Acquisition Iii, Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit suit, or claimproceeding, by judgment, order, settlement (whether with or without court approval) or ), conviction, or upon a plea of nolo contenderecontenders, or its equivalent, shall not create a presumption that the 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.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, whether civil or criminal, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law. 10.
Appears in 1 contract
Samples: Indemnification Agreement (Payless Shoesource Holdings Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claim4 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any ProceedingClaim, action, suit or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
Samples: Indemnification Agreement (Mainsource Financial Group)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of -------------- any Proceedingclaim, actionactions, suit or claim, 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 of itself create a presumption that the 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.
Appears in 1 contract
Samples: Indemnification Agreement (Orasure Technologies Inc)
No Presumption. For purposes the purpose of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claimproceeding, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall will not create a presumption that the Indemnitee Seller 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.
Appears in 1 contract
Samples: Asset Purchase and Sale Agreement (1st Net Technologies Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, 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 not, of itself, create a presumption that the 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. 9.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
Samples: Indemnification Agreement (Ameriquest Technologies Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit suit, or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
Samples: Indemnification Agreement (Professionals Direct Inc)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceeding, action, suit or claim, 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 of itself create a presumption that the 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 lawlaw or this Agreement.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit suit, or claimproceeding, by judgmentjudg- ment, order, settlement (whether with or without court approval) ), or conviction, or upon a plea of nolo contendere, contendere or its equivalentequiva- lent, shall not create a presumption that the 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.
Appears in 1 contract
Samples: Directors Indemnification Agreement (Boise Cascade Corp)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any Proceedingclaim, action, suit or claimproceeding, 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 in and of itself create a presumption that the 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.
Appears in 1 contract
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of -------------- any Proceeding, action, suit or 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 will not create a presumption that the 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.
Appears in 1 contract
Samples: Indemnification Agreement (Scottish Annuity & Life Holdings LTD)
No Presumption. For purposes of this Agreement, to the fullest extent permitted by law, the termination of any ProceedingClaim, action, suit suit, or claimproceeding, 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 have any particular belief or that a court has determined that indemnification is not permitted by applicable law. 10.
Appears in 1 contract