Common use of Nonexclusivity Clause in Contracts

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate of incorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiaries, any other agreement, any vote of stockholders or directors, the DGCL, any other applicable law or any liability insurance policy.

Appears in 24 contracts

Samples: Indemnification Agreement (ArriVent Biopharma, Inc.), Indemnification Agreement (ArriVent Biopharma, Inc.), Indemnification Agreement (Elicio Therapeutics, Inc.)

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Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or directorsdisinterested members of the Company’s Board of Directors, the DGCLDelaware General Corporation Law, any other applicable law or any liability insurance policyotherwise, both as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office.

Appears in 24 contracts

Samples: Indemnification Agreement (Brag House Holdings, Inc.), Indemnification Agreement (Getaround, Inc), Indemnification Agreement (Mudrick Capital Management, L.P.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or directorsdisinterested members of the Company’s Board of Directors, the DGCLGeneral Corporation Law of Delaware, any other applicable law or any liability insurance policyotherwise, both as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office.

Appears in 23 contracts

Samples: Indemnification Agreement (CITIC Capital Acquisition Corp.), Indemnification Agreement (SoFi Technologies, Inc.), Indemnification Agreement (Asta Funding Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBy-laws, any other agreement, any vote of stockholders shareholders or disinterested directors, the DGCLrelevant business corporation law of the Company’s state of incorporation, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 19 contracts

Samples: Indemnification Agreement (Sevion Therapeutics, Inc.), Indemnification Agreement (Senesco Technologies Inc), Indemnification Agreement (Senesco Technologies Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote or approval of Company stockholders or directorsdisinterested Directors, the DGCLNew Jersey law, any other applicable law or any liability insurance policyotherwise, both as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office.

Appears in 13 contracts

Samples: Indemnification Agreement (CBaySystems Holdings LTD), Indemnification Agreement (CBaySystems Holdings LTD), Indemnification Agreement (CBaySystems Holdings LTD)

Nonexclusivity. The indemnification provided by this Agreement -------------- shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 12 contracts

Samples: Indemnification Agreement (Efficient Networks Inc), Indemnification Agreement (Therasense Inc), Indemnification Agreement (Altigen Communications Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 11 contracts

Samples: Indemnification Agreement (Shrena Software Inc), Indemnification Agreement (Poet Holdings Inc), Indemnification Agreement (Saigene Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee the Indemnitees may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLDelaware General Corporation Law, or otherwise. The indemnification provided under this Agreement shall continue as to each Indemnitee for any other applicable law action such Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 9 contracts

Samples: Indemnification Agreement (Nationsrent Inc), Indemnification Agreement (Sirna Therapeutics Inc), Indemnification Agreement (Sirna Therapeutics Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any other rights to which Indemnitee may be entitled entitled, howsoever arising, whether under the Company’s certificate of incorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesbylaws, any other agreement, any vote of stockholders or directorsdisinterested members of the Company’s Board of Directors, the DGCLGeneral Corporation Law of the State of Delaware, or any other applicable law statute or any liability insurance policyrule of law.

Appears in 9 contracts

Samples: Indemnification Agreement (Trident Resources Corp), Indemnification Agreement (Trident Resources Corp), Indemnification Agreement (Trident Resources Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate of incorporation, bylaws or other organizational any employment agreement or instrument of between the Company or any and Indemnitee, the Company’s Certificate of its subsidiariesIncorporation, the Company’s Bylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the General Corporation Law of the State of Delaware (the “DGCL”) or otherwise, any other applicable law or any liability insurance policyboth as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office.

Appears in 8 contracts

Samples: Indemnification Agreement (TDK Mediactive Inc), Indemnification Agreement (TDK Mediactive Inc), Indemnification Agreement (TDK Mediactive Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 8 contracts

Samples: Indemnification Agreement (Merisant Worldwide, Inc.), Indemnification Agreement (Prophet 21 Inc), Indemnification Agreement (Transcrypt International Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of to any rights to which Indemnitee may be entitled under the certificate Company’s Articles of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the DGCLGeneral Corporation Law of the State of California, any other applicable law or any liability insurance policyotherwise, both as to actions in Indemnitees’ official capacity and as to actions in another capacity while holding such office.

Appears in 7 contracts

Samples: Indemnification Agreement (AutoGenomics, Inc.), Indemnification Agreement (AutoGenomics, Inc.), Indemnification Agreement (AutoGenomics, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 7 contracts

Samples: Indemnification Agreement (Superconductor Technologies Inc), Indemnification Agreement (Innovative Card Technologies Inc), Indemnification Agreement (Innovative Card Technologies Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company's Articles of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the DGCLStatute, any other applicable law or any liability insurance policyotherwise, whether as to action in Indemnitee's official capacity or otherwise.

Appears in 7 contracts

Samples: Corporation Indemnification Agreement (Internap Corp), Indemnification Agreement (Aris Corp/), Indemnification Agreement (Celebrate Express, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws (as now hereafter in effect), any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 6 contracts

Samples: Indemnification Agreement, Form of Indemnification Agreement, Indemnification Agreement (Facebook Inc)

Nonexclusivity. The indemnification provided by this Agreement -------------- shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 6 contracts

Samples: Indemnification Agreement (Battery Express Inc), Indemnification Agreement (Pointcast Inc), Indemnification Agreement (Pc Tel Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Corporation’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 5 contracts

Samples: Indemnification Agreement (Phaserx, Inc.), Indemnification Agreement (Consonus Technologies, Inc.), Indemnification Agreement (Omniture, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws (as now hereafter in effect), any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 5 contracts

Samples: Indemnification Agreement (Adaptec Inc), Indemnification Agreement (Adaptec Inc), Indemnification Agreement (Omneon Video Networks, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or directorsdisinterested members of the Company’s Board of Directors, the DGCLGeneral Corporation Law of Delaware or otherwise, any other applicable law or any liability insurance policyboth as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office.

Appears in 5 contracts

Samples: Indemnification Agreement (Confluent, Inc.), Indemnification Agreement (Colonnade Acquisition Corp.), Indemnification Agreement (Colonnade Acquisition Corp.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company's Amended and Restated Articles of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the DGCLStatute, any other applicable law or any liability insurance policyotherwise, whether as to action in Indemnitee's official capacity or otherwise.

Appears in 4 contracts

Samples: Indemnification Agreement (Peets Coffee & Tea Inc), Indemnification Agreement (Internap Network Services Corp/Wa), Indemnification Agreement (F5 Networks Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 3 contracts

Samples: Indemnification Agreement (Peregrine Systems Inc), Indemnification Agreement (Bluearc Corp), Indemnification Agreement (Corautus Genetics Inc)

Nonexclusivity. The indemnification provided by this -------------- Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee Indemnitees may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to each Indemnitee for any other applicable law action such Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 3 contracts

Samples: Indemnification Agreement (Kintana Inc), Indemnification Agreement (Kana Communications Inc), Indemnification Agreement (Releasenow Com Corp)

Nonexclusivity. The indemnification provided by this Agreement -------------- shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 3 contracts

Samples: Indemnification Agreement (Rational Software Corp), Indemnification Agreement (Somera Communications Inc), Indemnification Agreement (Netframe Systems Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of as amended, the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLStatute or otherwise, any other applicable law whether as to action in Indemnitee's official capacity or any liability insurance policyotherwise.

Appears in 3 contracts

Samples: Indemnification Agreement (Synergy 2000 Inc), Indemnification Agreement (Synergy 2000 Inc), Indemnification Agreement (Synergy 2000 Inc)

Nonexclusivity. The indemnification provided by this Agreement -------------- shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken by Indemnitee while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (CSG Systems International Inc), Indemnification Agreement (CSG Systems International Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCL, Delaware General Corporation Law or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Trans1 Inc. Indemnification Agreement (Trans1 Inc), Indemnification Agreement (TherOx, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesCompany's Bylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the General Corporation Law of the State of Delaware (the "DGCL") or otherwise, any other applicable law or any liability insurance policyboth as to action in Indemnitee's official capacity and as to action in another capacity while holding such office.

Appears in 2 contracts

Samples: Indemnification Agreement (Adelphia Communications Corp), Indemnification Agreement (Adelphia Communications Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which any Indemnitee may be entitled under the certificate Company’s Amended and Restated Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLDelaware General Corporation Law, or otherwise. The indemnification provided under this Agreement shall continue as to each Indemnitee for any other applicable law action that Director or any liability insurance policyOfficer took or did not take while serving in an indemnified capacity even though the Director or Officer may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (U.S. Auto Parts Network, Inc.), Indemnification Agreement (U.S. Auto Parts Network, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Whitehall Jewellers Inc), Indemnification Agreement (Powerwave Technologies Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Interpace Diagnostics Group, Inc.), Indemnification Agreement (Zynerba Pharmaceuticals, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, insurance coverage, any vote of stockholders or directorsdisinterested members of the Company’s Board of Directors, the DGCLDelaware General Corporation Law, any other applicable law or any liability insurance policyotherwise, both as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office.

Appears in 2 contracts

Samples: Indemnification Agreement (Arcadia Biosciences, Inc.), Indemnification Agreement (Marcus & Millichap, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee the Indemnitees may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLDelaware General Corporation Law, or otherwise. The indemnification provided under this Agreement shall continue as to each Indemnitee for any other applicable law action such Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Nationsrent Inc), Solicitation Agreement (Ribozyme Pharmaceuticals Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the Company’s certificate of incorporation, bylaws formation or other organizational limited liability company agreement or instrument the Limited Liability Company act of the Company State of Delaware, or any of its subsidiariesotherwise, any other agreement, any vote of stockholders or directors, the DGCL, any other applicable law or any liability insurance policyboth as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office.

Appears in 2 contracts

Samples: Indemnification Agreement (Penn Octane Corp), Indemnification Agreement (Rio Vista Energy Partners Lp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCL, Delaware General Corporation Law or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Micro Therapeutics Inc), Indemnification Agreement (QCS Net Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Restated Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBy-laws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving at the request of the Company in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Mips Technologies Inc), Indemnification Agreement (Lipid Sciences Inc/)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Employment Agreement, the Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesCompany's Bylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the General Corporation Law of the State of Delaware (the "DGCL") or otherwise, any other applicable law or any liability insurance policyboth as to action in Indemnitee's official capacity and as to action in another capacity while holding such office.

Appears in 2 contracts

Samples: Indemnification Agreement (Adelphia Communications Corp), Indemnification Agreement (Adelphia Communications Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or directorsdisinterested members of the Company's Board of Directors, the DGCLFlorida General Corporation Law, any other applicable law or any liability insurance policyotherwise, both as to action in Indemnitee's official capacity and as to action in another capacity while holding such office.

Appears in 2 contracts

Samples: Independent Contractor Agreement (Elite Data Services, Inc.), Independent Contractor Agreement (Elite Data Services, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLDelaware General Corporation Law, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving at the request of the Company in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Eddie Bauer Holdings, Inc.), Indemnification Agreement (Eddie Bauer Holdings, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBy-laws, any other agreement, any vote of stockholders shareholders or disinterested directors, the DGCLGeneral Business Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Purple Communications, Inc.), Agreement to Separation Agreement and Release Terms (Purple Communications, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which any Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to each Indemnitee for any other applicable law action such Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Airgate Wireless Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationlncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or directorsdisinterested members of the Company's Board of Directors, the DGCLDelaware General Corporation Law, any other applicable law or any liability insurance policyotherwise, both as to action in Indemnitee's official capacity and as to action in another capacity while holding such office.

Appears in 1 contract

Samples: Indemnification Agreement (Sezzle Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee Indemnitees may otherwise be entitled under the certificate of incorporation, bylaws or other organizational agreement or instrument as directors and officers of the Company or any under the Company's Certificate of its subsidiariesIncorporation, the Bylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCL, any other applicable law or any liability insurance policyotherwise.

Appears in 1 contract

Samples: Indemnification Agreement (Rubicon Medical Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporation, bylaws Incorporation or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken by Indemnitee while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (CSG Systems International Inc)

Nonexclusivity. The indemnification provided by this Agreement shall is not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company's Articles of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the DGCLStatute, any other applicable law or any liability insurance policyotherwise, whether as to action in Indemnitee's official capacity or otherwise.

Appears in 1 contract

Samples: Indemnification Agreement (Financial Pacific Co)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee Indemnitees may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to each Indemnitee for any other applicable law action such Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Powerwave Technologies Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiaries, any other agreementBylaws, any vote of stockholders or disinterested directors, the DGCLDelaware General Corporation Law, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Iridex Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the Company’s certificate of incorporation, incorporation or bylaws or other organizational agreement or instrument the General Corporation Law of the Company State of Delaware, or any of its subsidiariesotherwise, any other agreement, any vote of stockholders or directors, the DGCL, any other applicable law or any liability insurance policyboth as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office.

Appears in 1 contract

Samples: Indemnification Agreement (Penn Octane Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policy.did not --------------------------------------------------------------------------------

Appears in 1 contract

Samples: Indemnification Agreement (Lineo Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Plantronics’ Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Plantronics Inc /Ca/)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or directorsdisinterested Directors, the DGCLGeneral Corporation Law of the State of Delaware, any other applicable law or any liability insurance policy.otherwise, both as to action in

Appears in 1 contract

Samples: Indemnification Agreement (Triton Network Systems Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument its Bylaws, the charter documents of any subsidiary of the Company or any of its subsidiariesCompany, any other agreement, any vote of stockholders or disinterested directors, the DGCLlaw of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Patterson Uti Energy Inc)

Nonexclusivity. The indemnification and advances provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Utstarcom Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBy-laws, any other agreement, any vote of stockholders shareholders or disinterested directors, the DGCLGeneral Business Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Roomlinx Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not -------------- be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Netflix Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorpo ration, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (International Manufacturing Services Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which the Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBy-Laws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to the Indemnitee for any other applicable law action such Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Entertainment Is Us, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving at the request of the Company in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Silicon Graphics Inc)

Nonexclusivity. The indemnification provided by this Agreement -------------- shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBy-laws, any other agreement, any vote of stockholders shareholders or disinterested directors, the DGCLGeneral Business Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Goamerica Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in -------------- addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Intek Information Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Amended and Restated Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the Delaware General Corporation Law ("DGCL"), or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Tailwind Financial Inc.)

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Nonexclusivity. The indemnification provided by this -------------- Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorpora tion, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Neomagic Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or directorsdisinterested Directors, the DGCLGeneral Corporation Law of the State of Delaware, any other applicable law or any liability insurance policy.otherwise, both as to action in Indemnitee's

Appears in 1 contract

Samples: Indemnification Agreement (Probusiness Services Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, any other applicable law or any liability insurance policyotherwise.

Appears in 1 contract

Samples: Indemnification Agreement (Cam Commerce Solutions Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or directorsdisinterested members of the Company’s Board of Directors, the DGCLGeneral Corporation Law of the State of Delaware, any other applicable law or any liability insurance policyotherwise, both as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office.

Appears in 1 contract

Samples: Indemnification Agreement (Civeo Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company’s Notice of incorporationArticles, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesArticles, any other agreement, any vote of stockholders shareholders or directorsdisinterested members of the Company’s Board of Directors, the DGCLAct, any other applicable law or any liability insurance policyotherwise, both as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office.

Appears in 1 contract

Samples: Indemnification Agreement (Civeo Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee Indemnitees may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the DGCLDelaware General Corporation Law, or otherwise. The indemnification provided under this Agreement shall continue as to each Indemnitee for any other applicable law action such Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Alliance Medical Corp)

Nonexclusivity. The This indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCL, General Corporation Law of the State of Delaware or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Ultimate Electronics Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws its Bylaws (as now or other organizational agreement or instrument of the Company or any of its subsidiarieshereafter in effect), any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Adaptec Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which any Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, the CGCL or otherwise. The indemnification provided under this Agreement shall continue as to each Indemnitee for any other applicable law action such Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Replidyne Inc)

Nonexclusivity. The indemnification provided by this -------------- Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (E Stamp Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or directorsdisinterested Directors, the DGCLCorporation Law of the State of Delaware or otherwise, both as to action in Indemnitee's official capacity and as to action in another capacity while holding such office. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law or any liability insurance policy.action

Appears in 1 contract

Samples: Indemnification Agreement (Aames Financial Corp/De)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Restated Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBy-laws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving at the request of the Company in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Mips Technologies Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote or approval of Company stockholders or directorsdisinterested Directors, the DGCLDelaware General Corporation Law, any other applicable law or any liability insurance policyotherwise, both as to action in Indemnitee's official capacity and as to action in another capacity while holding such office.

Appears in 1 contract

Samples: Indemnification Agreement (Navteq Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesCompany’s Bylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the General Corporation Law of the State of Delaware (the “DGCL”) or otherwise, any other applicable law or any liability insurance policyboth as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office.

Appears in 1 contract

Samples: Indemnification Agreement (Adelphia Communications Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Business Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Cooperative Holdings Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Articles of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of as amended, its subsidiariesBylaws, as amended, any other agreement, any vote of stockholders or directors, the DGCLDelaware General Corporation Law, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Us Energy Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which the Indemnitee may be entitled under the certificate of incorporation, bylaws or other organizational agreement or instrument of the Company Act or any of its subsidiariesother law, any other agreementthe Corporation's constating documents, any vote of stockholders shareholders or disinterested directors, or otherwise, both as to action in the DGCL, any other applicable law or any liability insurance policyIndemnitee's official capacity and as to action in another capacity while holding such office.

Appears in 1 contract

Samples: Director Indemnification Agreement (SXC Health Solutions Corp.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate of incorporationCompany's Certificate, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Reel Com Inc)

Nonexclusivity. The This indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Fischer Imaging Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or directorsdisinterested members of the Company’s Board of Directors, the DGCL, any other applicable law or any liability insurance policyotherwise, both as to action in Indemnitee’s official capacity as an officer, director, employee or agent of the Company and as to action in another capacity while holding such office.

Appears in 1 contract

Samples: Indemnification Agreement (Zymergen Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate of incorporationCertificate, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or directorsdisinterested members of the Company’s Board of Directors, the DGCLDelaware General Corporation Law, any other applicable law or any liability insurance policyotherwise, both as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office.

Appears in 1 contract

Samples: Indemnification Agreement (VictoryBase Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, the CGCL or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action such Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement for Officers (Replidyne Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders Shareholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Kla Tencor Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiaries, any other agreementBylaws, any vote of stockholders or disinterested directors, the DGCLDelaware General Corporation Law, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Iridex Corp)

Nonexclusivity. The provisions for indemnification and advancement of Expenses provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or directorsDisinterested Directors (as defined below), the DGCL, any other applicable Delaware law or any liability insurance policyotherwise, both as to action in Indemnitee's official capacity and as to action in another capacity while holding such office.

Appears in 1 contract

Samples: Indemnification Agreement (Bio-Path Holdings Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Articles of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Tel Save Holdings Inc)

Nonexclusivity. The indemnification provided by this Agreement -------------- shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company's Amended and Restated Articles of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the DGCLStatute, any other applicable law or any liability insurance policyotherwise, whether as to action in Indemnitee's official capacity or otherwise.

Appears in 1 contract

Samples: Indemnification Agreement (Homegrocer Com Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Maker Communications Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or directorsdisinterested members of the Company’s Board of Directors, the General Corporation Law of the State of Delaware (the “DGCL”), any other applicable law or any liability insurance policyotherwise, both as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office.

Appears in 1 contract

Samples: Indemnification Agreement (Pinterest, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or directorsdisinterested Directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise, both as to action in Indemnitee's official capacity and as to action in another capacity while holding such office. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law or any liability insurance policy.action taken

Appears in 1 contract

Samples: Indemnification Agreement (Tomax Corp)

Nonexclusivity. The indemnification provided by this -------------- Agreement shall not be deemed exclusive of in addition to any rights to which the Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBy-Laws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to the Indemnitee for any other applicable law action such Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though the Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Garden Com Inc)

Nonexclusivity. The indemnification provided by this Agreement agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate Company's Articles of incorporationIncorporation (as amended from time to time), bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the DGCLStatute, any other applicable law or any liability insurance policyotherwise, both as to action in Indemnitee's official capacity and as to action in another capacity while holding such office.

Appears in 1 contract

Samples: Cook Financial Corporation Indemnification Agreement (Wade Cook Financial Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken by Indemnitee while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (CSG Systems International Inc)

Nonexclusivity. The indemnification provided by this Agreement -------------- shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders Stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Crossworlds Software Inc)

Nonexclusivity. The indemnification provided by this Agreement -------------- shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Amended and Restated Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action taken or any liability insurance policynot taken while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Biomarin Pharmaceutical Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the certificate of incorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesCompany’s Articles, any other agreement, any vote of stockholders shareholders or directorsdisinterested members of the Company’s Board of Directors, the DGCLapplicable law, any other applicable law or any liability insurance policyotherwise, both as to action in Indemnitee’s official capacity and as to action in another capacity while holding such office.

Appears in 1 contract

Samples: Indemnification Agreement (Mynd.ai, Inc.)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company’s Certificate of incorporation, bylaws Incorporation or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, or otherwise. The indemnification provided under this Agreement shall continue as to Indemnitee for any other applicable law action Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Palmsource Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the certificate Company's Certificate of incorporationIncorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesBylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLGeneral Corporation Law of the State of Delaware, any other applicable law or any liability insurance policy.otherwise. The indemnification provided

Appears in 1 contract

Samples: Indemnification Agreement (Chaparral Network Storage Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of in addition to any rights to which Indemnitee may be entitled under the Company’s certificate of incorporation, bylaws or other organizational agreement or instrument of the Company or any of its subsidiariesbylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLDelaware General Corporation Law, or otherwise. The indemnification provided under this Agreement shall continue for any other applicable law action that Indemnitee took or any liability insurance policydid not take while serving in an indemnified capacity even though Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Combinatorx, Inc)

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