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), Indemnification Agreement (Leidos, 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 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 17 contracts
Samples: Indemnification Agreement (Millerknoll, Inc.), Indemnification Agreement (Independent Bank Corp /Mi/), Indemnification Agreement (Macatawa Bank Corp)
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 & Liability (Employee Solutions Inc), Indemnification & Liability (Employee Solutions Inc), Director 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), Indemnification Agreement (Avalonbay Communities Inc)
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), 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 beliefbelief 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 (Isomedix Inc), Indemnification Agreement (Kaman 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 will not create a presumption that the Indemnitee did not meet any particular standard of conduct or have any particular belief.
Appears in 3 contracts
Samples: Indemnification Agreement (Michigan Commerce Bancorp LTD), Director/Officer Indemnification Agreement (Alexza Pharmaceuticals Inc.), Indemnification Agreement (Michigan Commerce Bancorp LTD)
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 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 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 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 (Knoll Inc), Director and Officer Indemnification Agreement (Medassets Inc)
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 Proceeding by judgment, order, settlement (whether with settlement, or without court approval) or conviction, conviction or upon a plea of nolo contendere, contendere or its equivalentequivalent shall not, shall not of itself, 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 or contribution is not permitted by applicable law.
Appears in 1 contract
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
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
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
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 4 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 1 contract
