Common use of No Presumptions Clause in Contracts

No Presumptions. 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 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 Company (including, without limitation, the Board of Directors, any committee of the Board of Directors, legal counsel, or the stockholders) to have made a determination as to whether Indemnitee has met any particular standard of conduct or had any particular belief, nor an actual determination by the Company (including, without limitation, the Board of Directors, any committee of the Board of Directors, legal counsel, or the stockholders) that Indemnitee has not met such standard of conduct or did not have such belief, prior to the commencement of legal proceedings by Indemnitee to secure a judicial determination that Indemnitee should be indemnified under applicable law shall be a defense to Indemnitee’s claim or create a presumption that Indemnitee has not met any particular standard of conduct or did not have any particular belief.

No Presumptions. For purposes of this Agreement, the termination of any claimProceeding, 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 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 Company (including, without limitation, the Board of Directors, any committee of the Board of Directors, legal counsel, or the stockholders) to have made a determination as to whether that indemnification of Indemnitee is proper in the circumstances because Indemnitee has met any particular the applicable standard of conduct or had any particular belief, nor an actual determination by the Company (including, without limitation, the Board of Directors, any committee of the Board of Directors, legal counsel, or the stockholders) that Indemnitee has not met such standard of conduct or did not have such belief, prior to the commencement of legal proceedings by Indemnitee to secure a judicial determination that Indemnitee should be indemnified under applicable law shall be a defense to Indemnitee’s claim for indemnification or advancement of expenses under this Agreement or create a presumption that Indemnitee has not met any particular standard of conduct or did not have any particular belief. The scope of the Company’s indemnification of Indemnitee is that set forth in Section 1 of this Agreement, and nothing in this Section 8(b) shall be deemed to expand such scope.

No Presumptions. For purposes of this Agreement, the termination of any claim, action, suitsuit or proceeding, 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 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 Company (including, without limitation, the Board of Directors, any committee of the Board of Directors, legal counsel, counsel or the stockholders) to have made a determination as to whether Indemnitee has met any particular standard of conduct or had any particular belief, nor an actual determination by the Company (including, without limitation, the Board of Directors, any committee of the Board of Directors, legal counsel, counsel or the stockholders) that Indemnitee has not met such standard of conduct or did not have such belief, prior to the commencement of legal proceedings by Indemnitee to secure a judicial determination that Indemnitee should be indemnified under applicable law shall be a defense to Indemnitee’s 's claim or create a presumption that Indemnitee has not met any particular standard of conduct or did not have any particular belief.

No Presumptions. For purposes of this Agreement, the termination of any claim, action, suit, or proceeding against Participant by judgment, order, settlement (whether with or without court approval), ) or conviction, or upon a plea of nolo contendere contendere, or its equivalent equivalent, shall not create a presumption that Indemnitee Participant 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 Company (including, without limitation, the Board of Directors, any committee of the Board of Directors, legal counsel, or the stockholders) to have made a determination as to whether Indemnitee Participant has met any particular standard of conduct or had any particular belief, nor an actual determination by the Company (including, without limitation, the Board of Directors, any committee of the Board of Directors, legal counsel, or the stockholders) that Indemnitee Participant has not met such standard of conduct or did not have such belief, prior to the commencement of legal proceedings by Indemnitee Participant to secure a judicial determination that Indemnitee Participant should be indemnified under applicable law shall be a defense to IndemniteeParticipant’s claim for indemnification or create a presumption that Indemnitee Participant has not met any particular standard of conduct or did not have any particular belief.

No Presumptions. For purposes of this AgreementDeed, the termination of any claimProceeding, 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 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 lawlaw or otherwise. In addition, neither the failure of the Company (including, without limitation, the Board of Directors, any committee or a Reviewing Party or one of the Board of Directors, legal counsel, or the stockholdersdecision makers described in Section 6(b) to have made a determination as to whether Indemnitee has met any particular standard of conduct or had any particular belief, nor an actual determination by the Company (including, without limitation, the Board of Directors, any committee of the Board of Directors, legal counselincluding a determination pursuant to Section 6(b), or the stockholders) a Reviewing Party that Indemnitee has not met such standard of conduct or did not have such belief, prior to the commencement of legal proceedings Proceedings by Indemnitee to secure a judicial determination that Indemnitee should be indemnified by exercising Indemnitee’s rights under applicable law Section 6(b) or 8(e) of this Deed shall be a defense to Indemnitee’s claim or create a presumption that Indemnitee has not met failed to meet any particular standard of conduct or did not have any particular beliefbelief or is not entitled to indemnification under applicable law or otherwise.

No Presumptions. For purposes of this Agreement, the termination of any claimProceeding, 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 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 lawlaw or otherwise. In addition, neither the failure of the Company (including, without limitation, the Board of Directors, any committee or a Reviewing Party or one of the Board of Directors, legal counsel, or the stockholdersdecision makers described in Section 6(b) to have made a determination as to whether Indemnitee has met any particular standard of conduct or had any particular belief, nor an actual determination by the Company (includingCompany, without limitation, the Board of Directors, any committee of the Board of Directors, legal counselincluding a determination pursuant to Section 6(b), or the stockholders) a Reviewing Party that Indemnitee has not met such standard of conduct or did not have such belief, prior to the commencement of legal proceedings Proceedings by Indemnitee to secure a judicial determination that Indemnitee should be indemnified by exercising Indemnitee’s rights under applicable law Section 6(b) or Section 8(e) of this Agreement shall be a defense to Indemnitee’s claim or create a presumption that Indemnitee has not met failed to meet any particular standard of conduct or did not have any particular beliefbelief or is not entitled to indemnification under applicable law or otherwise.