Common use of No Presumption Clause in Contracts

No Presumption. For purposes of this Agreement, the termination of any action, suit 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 Indemnitee did not meet any particular standard of conduct or have any particular belief.

Appears in 39 contracts

Samples: Employment Agreement (Stemline Therapeutics Inc), Indemnification Agreement (Amec Foster Wheeler PLC), Form of Indemnification Agreement (Leidos, Inc.)

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No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding proceeding, 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 Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 29 contracts

Samples: Indemnification Agreement (ChyronHego Corp), Indemnification Agreement (ChyronHego Corp), Indemnification Agreement (Misonix Inc)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding Action 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 have any particular beliefbelief or that a court has determined that indemnification is not payable under this Indemnification Agreement or permitted by applicable law.

Appears in 7 contracts

Samples: Indemnification Agreement (Employee Solutions Inc), Director Indemnification Agreement (Employee Solutions Inc), Indemnification Agreement (Employee Solutions Inc)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding proceeding, 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 Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law or this Agreement.

Appears in 6 contracts

Samples: Indemnity Agreement (Avalonbay Communities Inc), Indemnity Agreement (Avalonbay Communities Inc), Indemnity Agreement (Avalonbay Communities Inc)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding 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 Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 4 contracts

Samples: Indemnification Agreement (Shiloh Industries Inc), Indemnification Agreement (Osiris Therapeutics Inc), Indemnification Agreement (Gliatech Inc)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding by adverse 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 have any particular belief.

Appears in 2 contracts

Samples: Indemnification Agreement (Anacor Pharmaceuticals Inc), Indemnification Agreement (Anacor Pharmaceuticals Inc)

No Presumption. For purposes of this Agreement, the termination of any claim action, suit suit, or proceeding 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 Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 2 contracts

Samples: Indemnification Agreement (USA Synthetic Fuel Corp), Indemnification Agreement (USA Synthetic Fuel Corp)

No Presumption. For purposes of this --------- --------------- Agreement, the termination of any action, suit 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 Indemnitee did not meet any particular standard of conduct or have any particular belief.

Appears in 2 contracts

Samples: Indemnification Agreement (Corcept Therapeutics Inc), Indemnification Agreement (Corcept Therapeutics Inc)

No Presumption. For purposes of this Agreement, the termination of any action, suit 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 will not create a presumption that the Indemnitee did not meet any particular standard of conduct or have any particular belief.

Appears in 2 contracts

Samples: Officer Indemnification Agreement (Michigan Commerce Bancorp LTD), Officer Indemnification Agreement (Alexza Pharmaceuticals Inc.)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding 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 Indemnitee did not meet any particular standard applicable Standard of conduct Conduct or have any particular beliefthat indemnification hereunder is otherwise not permitted.

Appears in 2 contracts

Samples: Director and Officer Indemnification Agreement (Medassets Inc), Director and Officer Indemnification Agreement (Knoll Inc)

No Presumption. For purposes of this Agreement, the termination of any 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 create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Cathay General Bancorp)

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No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding by judgment, order, judgment order or 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 have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Consulting Services Agreement (Perrigo Co)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding Action 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 have any particular belief.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Payoneer Global Inc.)

No Presumption. For purposes of this Agreement, the termination of any Claim, action, suit or proceeding 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 Indemnitee did not meet any particular standard of conduct or have any a particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Nuco2 Inc /Fl)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding Claim by judgment, order, order or 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 beliefbelief or that a court has determined that the indemnification provided for hereunder is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Mim Corp)

No Presumption. For purposes of this Agreement, the termination of any action, suit 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 Indemnitee did is not meet any particular standard to be entitled to indemnification under this Agreement, the Certificate of conduct Incorporation or have any particular beliefBylaws.

Appears in 1 contract

Samples: Indemnification Agreement (Corcept Therapeutics Inc)

No Presumption. For purposes of this Agreement, the termination of any actionClaim, 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 not, of itself, create a presumption that Indemnitee did not meet any particular applicable standard of conduct or have any particular beliefconduct.

Appears in 1 contract

Samples: Indemnification Agreement (North American Galvanizing & Coatings Inc)

No Presumption. For purposes of this Agreement, the termination of -------------- any claim, action, suit or proceeding 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 create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law or this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Citadel Security Software Inc)

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