No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any 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 17 contracts
Samples: Indemnification Agreement (Fresh Grapes, LLC), Indemnification Agreement (PharmaCyte Biotech, Inc.), Indemnification Agreement
No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any 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 5 contracts
Samples: Indemnification Agreement (BT Brands, Inc.), Indemnification Agreement, Indemnification Agreement (Tapimmune Inc.)
No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any 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 indemnification, exoneration or hold harmless right is not permitted by this Agreement or applicable law.. In addition, neither the failure of any
Appears in 4 contracts
Samples: Indemnification Agreement (Revolution Medicines, Inc.), Indemnification Agreement (Satsuma Pharmaceuticals, Inc.), Indemnification Agreement (IDEAYA Biosciences, Inc.)
No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any 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 this Agreement or applicable law.
Appears in 2 contracts
Samples: Indemnification Agreement (Staktek Holdings Inc), Indemnification Agreement (Insilicon Corp)
No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any 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.applicable
Appears in 2 contracts
Samples: Indemnification Agreement (Vari L Co Inc), Indemnification Agreement (Packeteer Inc)
No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any 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 2 contracts
Samples: Indemnification Agreement (NaaS Technology Inc.), Indemnification Agreement (Perfect Corp.)
No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any Claim by judgmentjudgement, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalentguilty, 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 2 contracts
Samples: Indemnification Agreement (Alvarion LTD), Indemnification Agreement (Alvarion LTD)
No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any Claim claim by judgment, order, settlement settlemant (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalentguilty, 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: Equity Joint Venture Agreement (InMode Ltd.), Equity Joint Venture Agreement (InMode Ltd.)
No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any 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.. In addition, neither the failure of the Reviewing Party to have made a determination as to whether Indemnitee has met any particular
Appears in 2 contracts
Samples: Indemnification Agreement (Transcrypt International Inc), Indemnification Agreement (Gadzoox Networks Inc)
No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any Claim claim by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalentguilty, 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: Equity Joint Venture Agreement (InMode Ltd.), Equity Joint Venture Agreement (InMode Ltd.)
No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any 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.court
Appears in 2 contracts
Samples: Indemnification Agreement (International Manufacturing Services Inc), Indemnification Agreement (New Era of Networks Inc)
No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any 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.. In addition, neither the
Appears in 1 contract
Samples: Indemnification Agreement (First Virtual Holding Inc)
No Presumptions; Burden of Proof. For purposes of this Agreement, -------------------------------- the termination of any 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.applicable
Appears in 1 contract
Samples: Indemnification Agreement (Crossworlds Software Inc)
No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any Claim by judgment, order, settlement (whether with or without court (including arbitrational 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 (including arbitrational court) has determined that indemnification indemnification, exoneration or hold harmless right is not permitted by applicable law.this Agreement or
Appears in 1 contract
No Presumptions; Burden of Proof. For purposes of this Agreement, the -------------------------------- termination of any 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 this Agreement or applicable law.
Appears in 1 contract
No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any 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 this Agreement or Delaware law.. In
Appears in 1 contract
No Presumptions; Burden of Proof. For purposes of this Agreement, the termination of any 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 the 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
