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 Company’s certificate of incorporation or bylaws, any agreement, any vote of stockholders or directors, the DGCL, any other applicable law or any liability insurance policy.

Appears in 12 contracts

Samples: Indemnification Agreement (Principal Financial Group Inc), Form of Indemnification Agreement (RSC Equipment Rental, Inc.), Indemnification Agreement (Hertz Global Holdings 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 Company’s certificate Certificate of incorporation or bylawsIncorporation, its Bylaws, any agreement, any vote of stockholders or disinterested directors, the 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 11 contracts

Samples: Indemnification Agreement (Apollo Endosurgery, Inc.), Indemnification Agreement (LDR Holding Corp), Indemnity Agreement (PROS 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 Company’s certificate 's Certificate of incorporation or bylawsIncorporation, the Bylaws, any 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 8 contracts

Samples: Indemnification Agreement (Genesis Media Group Inc /De/), Indemnification Agreement (Rubicon Medical Corp), Indemnification Agreement (Rubicon Medical 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 Certificate of incorporation or bylawsIncorporation, its Bylaws, any agreement, any vote of stockholders or directorsdisinterested members of the Board, 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 5 contracts

Samples: Indemnification and Advancement Agreement (iCoreConnect Inc.), Indemnification and Advancement Agreement (Autonomix Medical, Inc.), Indemnification and Advancement Agreement (Volcon, 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 Articles of incorporation or bylawsIncorporation, the Bylaws, any 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: Form of Indemnification Agreement (Digi Outdoor Media Inc.), Funding Agreement (Omeros Corp), Indemnification Agreement (Varolii 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 Articles or bylaws, any agreementBylaws, any vote of stockholders shareholders or disinterested directors, the DGCLStatute or otherwise, any other applicable law whether as to actions or any liability insurance policyomissions by Indemnitee in Indemnitee’s official capacity or otherwise.

Appears in 3 contracts

Samples: Indemnification Agreement (Nordstrom Inc), Indemnification Agreement (Nordstrom Inc), Indemnification Agreement (Nordstrom Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may otherwise be entitled under the Company’s certificate of incorporation or bylawsCharter, the Bylaws, any agreement, any vote of stockholders or directorsDisinterested Directors, the DGCL, any DGCL or other applicable law or any liability insurance policylaws.

Appears in 3 contracts

Samples: Indemnity Agreement (Kraton Performance Polymers, Inc.), Indemnity Agreement (Kraton Performance Polymers, Inc.), Indemnity Agreement (Kraton Polymers LLC)

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 's Restated Certificate of incorporation or bylawsIncorporation, the Bylaws, any 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 (Amazon Com Inc), Indemnification Agreement (Drugstore Com Inc), Indemnification Agreement (Infospace Com 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 Restated Certificate of incorporation or bylawsIncorporation, the Bylaws, any 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 (Gtsi Corp), Indemnification Agreement (Colombia Clean Power & Fuels, Inc), Indemnification Agreement (Colombia Clean Power & Fuels, 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 or bylawsCertificate, any agreement, any vote of stockholders or directorsDisinterested Directors, the DGCLDGCL 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 (WCI Communities, Inc.), Indemnification Agreement (Wci Communities Inc), Corporation Indemnification Agreement (Northwest Airlines Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled (and any failure to qualify for indemnification under this Agreement shall not be determinative of any rights) under the Company’s certificate of incorporation 's Articles or bylaws, any agreementthe Company's Bylaws, any vote of stockholders shareholders or disinterested directors, the DGCLStatute or otherwise, any other applicable law whether as to actions or any liability insurance policyomissions by Indemnitee in Indemnitee's official capacity or otherwise.

Appears in 2 contracts

Samples: Indemnification Agreement (Telect Inc), Indemnification Agreement (Realnetworks Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances 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 Certificate of incorporation or bylawsIncorporation, its Bylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the DGCL, any other applicable law DGCL or any liability insurance policyotherwise.

Appears in 2 contracts

Samples: Indemnification Agreement (Discovery Laboratories Inc /De/), Indemnification Agreement (Discovery Laboratories Inc /De/)

Nonexclusivity. The indemnification and advancement of expenses rights provided by this Agreement shall not be deemed exclusive of any other rights to which Indemnitee may now or in the future be entitled under the Company’s certificate Certificate of incorporation Incorporation, Bylaws or bylawsother 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 2 contracts

Samples: Indemnification Agreement (CREATIVE LEARNING Corp), Indemnification Agreement (CREATIVE LEARNING 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 's Articles of incorporation or bylawsIncorporation, the Bylaws, any agreement, any vote of stockholders shareholders or disinterested directors, the DGCLStatute or otherwise, any other applicable law whether as to actions taken by Indemnitee in Indemnitee's official capacity or any liability insurance policyotherwise.

Appears in 2 contracts

Samples: Indemnification Agreement (Itron, Inc.), Indemnification Agreement (Itron Inc /Wa/)

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 articles of incorporation incorporation, bylaws or bylawsother organizational agreement or instrument of the Company or any of its subsidiaries, any other agreement, any vote of the stockholders or resolution of the directors, the DGCLNRS, any other applicable law or any liability insurance policy.

Appears in 1 contract

Samples: Indemnification Agreement (Corindus Vascular Robotics, 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 's Articles of incorporation Incorporation or bylawsits Bylaws, any agreementother agreement to which Indemnitee is a party, any right granted to Indemnitee, either individually or as a member of a group of officers, Directors, employees or agents of the Company, by reason of any vote of stockholders shareholders or directorsdisinterested Directors of the Company, the DGCLGCL, any other applicable law or any liability insurance policyotherwise.

Appears in 1 contract

Samples: Indemnification Agreement (Travelnstore Com 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 or bylaws's Articles, Bylaws, any 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 (Onvia Com 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 Company’s certificate of incorporation or bylawsOrganization Certificate, the Bylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLAct, 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 (Federal Home Loan Bank of Seattle)

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 's Articles of incorporation or bylawsIncorporation, its Bylaws, any agreement, any vote of stockholders shareholders or disinterested directors, the DGCL, any other applicable law or any liability insurance policy.the

Appears in 1 contract

Samples: Indemnification Agreement (Lidak Pharmaceuticals)

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 or bylawsArticles, the Bylaws, any agreement, any vote of stockholders shareholders or disinterested directors, the DGCLAct, 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 (Sonosite 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 Company’s certificate of incorporation or bylawsOrganization Certificate, the Bylaws, any other agreement, any vote of stockholders or disinterested directors, the DGCLAct, 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 (Federal Home Loan Bank of Des Moines)

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 or bylaws's Articles, the Bylaws, any 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 (Eroom System Technologies 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 (and any failure to qualify for indemnification under this Agreement shall not be determinative of any such rights) under the Company’s certificate of incorporation or bylaws's Articles, any agreementthe Company's Bylaws, any vote of stockholders or resolution adopted by shareholders or disinterested directors, the DGCLAct or otherwise, any other applicable law whether as to actions or any liability insurance policyomissions by Indemnitee in Indemnitee's official capacity or otherwise.

Appears in 1 contract

Samples: Indemnification Agreement (Banner Corp)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled (and any failure to qualify for indemnification under this Agreement shall not be determinative of any such rights) under the Company’s certificate of incorporation or bylaws's Articles, any agreementthe Company's Bylaws, any vote of stockholders shareholders or disinterested directors, the DGCLAct or otherwise, any other applicable law whether as to actions or any liability insurance policyomissions by Indemnitee in Indemnitee's official capacity or otherwise.

Appears in 1 contract

Samples: Indemnification Agreement (Sterling Financial Corp /Wa/)

Nonexclusivity. The indemnification and other rights provided by this Agreement shall not be deemed exclusive of any rights to which the Indemnitee may be entitled under applicable law, the Company’s certificate of incorporation or bylaws, any agreement, any insurance policy, any vote of stockholders or directorsDisinterested Directors, or otherwise, both as to any action or inaction in the DGCL, Indemnitee’s official capacities and as to any other applicable law action or any liability insurance policyinaction in another capacity while holding such office.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Cephalon Inc)

Nonexclusivity. The indemnification and advancement rights provided by this Agreement shall not be deemed exclusive of any other rights to which Indemnitee may now or in the future be entitled under the Company’s certificate of incorporation incorporation, bylaws or bylawsother 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 1 contract

Samples: Indemnification Agreement (CREATIVE LEARNING 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 Company’s certificate of incorporation or bylaws's Certificate, its Bylaws, any agreement, any vote of stockholders or disinterested directors, the DGCL, any other applicable law or any liability insurance policy.General Corporation

Appears in 1 contract

Samples: Indemnification Agreement (Com21 Inc)

Nonexclusivity. The indemnification provided by this Agreement shall not be deemed exclusive of any rights to which Indemnitee may be entitled under the Articles, the Company’s certificate of incorporation or bylaws's Bylaws, any agreement, any vote of stockholders shareholders or disinterested directors, the DGCLAct, 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 (Greatfood Com 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 organizational documents of incorporation Domtar or bylawsany of its subsidiaries, any agreement, any vote of stockholders or directors, the DGCL, any other applicable law or any liability insurance policy.

Appears in 1 contract

Samples: Indemnification Agreement (Domtar 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 or bylaws, any agreement, any vote of stockholders or directors, the DGCL, any other applicable law or any liability insurance policy.'s

Appears in 1 contract

Samples: Indemnification Agreement (Silverleaf Resorts 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 's certificates of incorporation or bylaws, any agreement, any vote of stockholders or directors, the DGCL, any other applicable law or any liability insurance policy.

Appears in 1 contract

Samples: Indemnification Agreement (BKF Capital Group 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 incorporation, bylaws or bylawsother organizational agreement or instrument of the Company or any of its subsidiaries, any other agreement, any vote of the stockholders or resolution of the directors, the DGCLNRS, any other applicable law or any liability insurance policy.

Appears in 1 contract

Samples: Indemnification Agreement (Marika 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 Articles or bylaws, any agreementBylaws, any vote of stockholders shareholders or disinterested directors, the DGCLStatute or otherwise, any other applicable law whether as to actions or any liability insurance policy.omissions by Indemnitee in Indemnitee’s official capacity or otherwise. d.

Appears in 1 contract

Samples: Indemnification Agreement (Zones 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 incorporation, bylaws or bylawsother organizational agreement or instrument of the Company or any Company Subsidiary, any other agreement, any vote of stockholders or directors, the DGCL, any other applicable law or any liability insurance policy.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Albireo Pharma, 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 incorporation, bylaws or bylawsother organizational agreement or instrument of the Company or any of its subsidiaries, any other agreement, any vote of the stockholders or resolution of the directors, the DGCL, any other applicable law or any liability insurance policy.

Appears in 1 contract

Samples: Indemnification Agreement (AMEDICA Corp)

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