No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, 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 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 14 contracts
Samples: Indemnification Agreement (Foot Locker, Inc.), Indemnification Agreement (Foot Locker, Inc.), Indemnification Agreement (MGP Ingredients Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, 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 (Apollo Biopharmaceutics Inc), Indemnification Agreement (Procept Inc), Indemnification Agreement (Dyax Corp)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, 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 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 Agreement (Wireless Holdings Inc)
No Presumption. For purposes of this Agreement, the The termination of any claim, action, suit or proceeding, whether civil or criminal, proceeding by judgment, order, settlement (whether with or without court approval) or settlement, conviction, or upon a plea of nolo contendere, contendere or its equivalent, shall not not, of itself, create a presumption that an Indemnitee did not meet any particular the applicable standard of conduct or have any particular belief or that a court has determined that for indemnification is not permitted by applicable lawunder this Agreement.
Appears in 7 contracts
Samples: Indemnification Agreement (Archipelago Holdings L L C), Indemnification Agreement (Archipelago Holdings L L C), Indemnification Agreement (Archipelago Holdings L L C)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, 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 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 (Cs Wireless Systems Inc), Indemnification Agreement (Osullivan Industries Holdings Inc), Indemnification Agreement (Summit Properties Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or 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 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), Indemnification Agreement (Bindview Development Corp)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, 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 belief 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 (Gliatech Inc), Indemnification Agreement (Scottish Annuity & Life Holdings LTD)
No Presumption. For purposes of this Agreement, the The termination of any claim, action, suit or proceeding, whether civil or criminal, 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 law.
Appears in 4 contracts
Samples: Indemnification Agreement (Entertainment Art, Inc.), Indemnification Agreement (Entertainment Art, Inc.), Indemnification Agreement (Skybridge Wireless Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, 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 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), Indemnification Agreement (PERRIGO Co PLC), Consulting Agreement (Perrigo Co)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, 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 Officer 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 (Weatherford Enterra Inc), Indemnification Agreement (Weatherford Enterra Inc), Indemnification Agreement (Weatherford Enterra Inc)
No Presumption. For purposes of this Agreement, the termination of any -------------- claim, action, suit or proceeding, 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 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. For purposes of this Agreement, the The termination of any claim, action, suit suit, or 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 belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 3 contracts
Samples: Indemnification Agreement (Concentric Energy Corp), Indemnification Agreement (Concentric Energy Corp), Indemnification Agreement (Concentric Energy Corp)
No Presumption. For purposes of this Agreement, the termination -------------- of any claim, action, suit or proceeding, whether civil or criminal, 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 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), Indemnification Agreement (Peapod Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, 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 2 contracts
Samples: Indemnification Agreement (Goodman Networks Inc), Indemnification Agreement (Matador Resources Co)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, 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 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 (Langer Biomechanics Group Inc), Indemnification Agreement (Core Mark International Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, 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 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, the The termination of any claim, action, suit or proceeding, whether civil or criminal, 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 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 (Entertainment Art, Inc.), Indemnification Agreement (Entertainment Art, Inc.)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, Claim by judgment, order, settlement (whether with or without court approval) ), or conviction, or upon a plea of nolo contendereNOLO 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 2 contracts
Samples: Indemnification Agreement (United Surgical Partners International Inc), Indemnification Agreement (Digitalconvergence Com Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, 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 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
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, 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 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, the termination of any -------------- claim, action, suit or proceeding, whether civil or criminal, 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 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, the termination of any claim, action, suit or proceeding, 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 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
No Presumption. For purposes of this Agreement, the termination of -------------- any claim, action, suit or proceeding, whether civil or criminal, 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 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, the termination of -------------- any claim, action, suit suit, or proceeding, 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 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, the The termination of any claim, action, suit or proceeding, whether civil or criminal, 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 or arbitrator has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
Samples: Indemnification Agreement (Suspect Detection Systems, Inc.)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, 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 or that a court has determined that indemnification is not permitted by applicable lawto be entitled to indemnification under this Agreement, the Certificate of Incorporation or Bylaws.
Appears in 1 contract
Samples: Indemnification Agreement (Corcept Therapeutics Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, 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, the termination of any claim, action, suit or proceeding, whether civil or criminal, 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 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, the termination of any claim, action, suit or proceeding, whether civil or criminal, 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 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, the termination of -------------- any claim, action, suit or 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 belief or that a court has determined that indemnification is not permitted by applicable lawlaw or this Agreement.
Appears in 1 contract
Samples: Indemnification Agreement (Citadel Security Software Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, 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 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, the termination of any claim, action, suit or proceeding, whether civil or criminal, Claim by judgment, order, settlement (whether with or without court approval) or convictionconviction shall not, or upon a plea of nolo contendereitself, 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 (Golden Star Resources LTD)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, Action 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 create a presumption 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 payable under this Indemnification Agreement or permitted by applicable law.
Appears in 1 contract
Samples: Indemnification & Liability (Employee Solutions Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or 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 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, the termination -------------- of any claim, action, suit or 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 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, the termination of any claim, action, suit or proceeding, whether civil or criminal, 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
