Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 82 contracts
Samples: Shareholders Agreement, Indemnification Agreement (Iridex Corp), Indemnification Agreement
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b4(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all reasonably necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 35 contracts
Samples: Indemnification Agreement (Acurx Pharmaceuticals, LLC), Indemnification Agreement (PureCycle Technologies, Inc.), Indemnification Agreement (PLBY Group, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 34 contracts
Samples: Indemnification Agreement (Superconductor Technologies Inc), Indemnification Agreement (Global Geophysical Services Inc), Indemnification Agreement (Corautus Genetics Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt written notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 29 contracts
Samples: Indemnification Agreement (Jetblue Airways Corp), Indemnification Agreement (CF Finance Acquisition Corp II), Board of Directors Agreement (Apollo Medical Holdings, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt written notice of the commencement of such Claim to the applicable insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 27 contracts
Samples: Board of Directors Agreement (Kaival Brands Innovations Group, Inc.), Board of Directors Agreement (Kaival Brands Innovations Group, Inc.), Board of Directors Agreement (Kaival Brands Innovations Group, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company ------------------ of a notice of a Claim pursuant to Section 2(b4(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 27 contracts
Samples: Recapitalization Agreement (Mapquest Com Inc), Indemnification Agreement (Somnus Medical Technologies Inc), Indemnification Agreement (Hollis Eden Pharmaceuticals Inc /De/)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt written notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 25 contracts
Samples: Indemnification Agreement (Perfect Corp.), Form of Indemnification Agreement (Kaixin Auto Holdings), Form of Indemnification Agreement (Hexindai Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 22 contracts
Samples: Indemnification Agreement (Genvor Inc), Indemnification Agreement (Genvor Inc), Indemnification Agreement (Genvor Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim Proceeding pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such ClaimProceeding, the Company shall give prompt notice of the commencement of such Claim Proceeding to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 14 contracts
Samples: Indemnification Agreement (Vocus, Inc.), Indemnification Agreement (Penson Worldwide Inc), Indemnification Agreement (Wellcare Health Plans, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b4(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective Company’s policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 14 contracts
Samples: Indemnification Agreement, Indemnification Agreement (Apollo Endosurgery, Inc.), Indemnification Agreement (Double Eagle Petroleum Co)
Notice to Insurers. If, at the time of the receipt by the Company Company, of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claimclaim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 14 contracts
Samples: Indemnification Agreement (Talon International, Inc.), Indemnification Agreement (Ironclad Performance Wear Corp), Indemnification Agreement (Iris International Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which that may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 13 contracts
Samples: Indemnification Agreement (Marinus Pharmaceuticals, Inc.), Indemnification Agreement (Marinus Pharmaceuticals, Inc.), Indemnification Agreement (Marinus Pharmaceuticals Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which that may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemniteethe Indemnitees, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 11 contracts
Samples: Indemnification Agreement (Sirna Therapeutics Inc), Indemnification Agreement (Nationsrent Inc), Indemnification Agreement (Sirna Therapeutics Inc)
Notice to Insurers. If, at the time of the receipt by the ------------------ Company of a notice of a Claim pursuant to Section 2(b4(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 11 contracts
Samples: Indemnification Agreement (Liquid Audio Inc), Indemnification Agreement (Symphonix Devices Inc), Indemnification Agreement (Carsdirect Com Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b4(b) hereof, the Company has liability insurance in effect which that may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 10 contracts
Samples: Indemnification Agreement (Microtune Inc), Indemnification Agreement (Microtune Inc), Indemnification Agreement (Microtune Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof), the Company has liability insurance in effect which that may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 10 contracts
Samples: Indemnification Agreement (Earth Biofuels Inc), Indemnification Agreement (Earth Biofuels Inc), Indemnification Agreement (Earth Biofuels Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b4(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective Company's policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 9 contracts
Samples: Indemnification Agreement (Activecare, Inc.), Indemnification Agreement (Fischer Imaging Corp), Indemnification Agreement (Fischer Imaging Corp)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has one or more policies of liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers applicable insurer(s) in accordance with the procedures set forth in the respective applicable policies. The Company shall thereafter take all action necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 9 contracts
Samples: Employment Agreement (Premier Holding Corp.), Indemnification Agreement (Talk America Holdings Inc), Indemnification Agreement (Talk Com)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective such policy or policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 8 contracts
Samples: Indemnification Agreement (Innophos Investment Holdings, Inc.), Indemnification Agreement (Roomlinx Inc), Agreement to Separation Agreement and Release Terms (Purple Communications, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company ------------------ of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 8 contracts
Samples: Indemnification Agreement (Efficient Networks Inc), Indemnification Agreement (Citysearch Inc), Indemnification Agreement (Auto by Tel Corp)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b3(b) hereof, the Company has liability insurance in effect which that may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective Company’s policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 7 contracts
Samples: Indemnification Agreement, Indemnification Agreement (Cheniere Energy Partners, L.P.), Indemnification Agreement (Cheniere Energy Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which that may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 7 contracts
Samples: Indemnification Agreement (Lantronix Inc), Indemnification Agreement (Lantronix Inc), Form of Indemnification Agreement (Lantronix Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereofsuch notice, the Company has directors and officers liability insurance in effect which may cover such Claimeffect, the Company shall give prompt notice of the commencement of such Claim Proceeding to the insurer or insurers in accordance with the procedures set forth in the respective policiespolicy or policies in favor of Indemnitee. The Company shall thereafter take all necessary or desirable action to cause such insurer or insurers to pay, on behalf of Indemnitee, all amounts Expenses and Liabilities payable as a result of such action, suit, proceeding, inquiry or investigation Proceeding in accordance with the terms of such policy or policies.
Appears in 7 contracts
Samples: Form of Indemnification Agreement (Chindex International Inc), Indemnification Agreement (Martha Stewart Living Omnimedia Inc), Form of Indemnification Agreement (Benihana Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The If the Company has not paid such amounts directly, the Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of each Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 7 contracts
Samples: Director Indemnification Agreement (Gamer Pakistan Inc), Director Indemnification Agreement (Mobile Global Esports, Inc.), Director Indemnification Agreement (Innovate Biopharmaceuticals, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim an actual or threatened claim pursuant to Section 2(b) hereof, the Company has director and officer liability insurance in effect which may cover such Claimeffect, the Company shall give prompt notice of the commencement of such Claim proceeding to the insurers in accordance with the procedures set forth in the respective its policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation proceeding in accordance with and to the extent of the terms of such policies.
Appears in 6 contracts
Samples: Director and Officer Indemnification Agreement (Anchor Glass Container Corp /New), Director and Officer Indemnification Agreement (BlueLinx Holdings Inc.), Director and Officer Indemnification Agreement (BlueLinx Holdings Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 6 contracts
Samples: Form of Indemnification Agreement (Given Imaging LTD), Indemnification Agreement (Credentials Services International Inc), Form of Indemnification Agreement (Radview Software LTD)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of each Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 5 contracts
Samples: Indemnification Agreement (Xata Corp /Mn/), Indemnification Agreement (TCV Vii Lp), Indemnification Agreement (Airgate Wireless Inc)
Notice to Insurers. If, at the time of the receipt by the Company Corporation of a notice of a Claim pursuant to Section 2(b) hereof, the Company Corporation has liability insurance in effect which may cover such Claim, the Company Corporation shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company Corporation shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 5 contracts
Samples: Indemnification Agreement (Phaserx, Inc.), Indemnification Agreement (Consonus Technologies, Inc.), Indemnification Agreement (Omniture, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim an action, suit or proceeding pursuant to Section 2(b) hereof, the Company has director and officer liability insurance in effect which may cover such Claimeffect, the Company shall give prompt notice of the commencement of such Claim action, suit or proceeding to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable reasonable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry suit or investigation proceeding in accordance with the terms of such policies.
Appears in 5 contracts
Samples: Indemnification Agreement (SMART Modular Technologies (DE), Inc.), Indemnification Agreement (SMART Modular Technologies (WWH), Inc.), Indemnification Agreement (SMART Modular Technologies (WWH), Inc.)
Notice to Insurers. If, at the time of the receipt by the ------------------ Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 5 contracts
Samples: Indemnification Agreement (Altigen Communications Inc), Indemnification Agreement (Loudcloud Inc), Indemnification Agreement (Peoplepc Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company Company, or any affiliate of the Company, has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 5 contracts
Samples: Indemnification Agreement (Mips Technologies Inc), Indemnification Agreement (Mips Technologies Inc), Indemnification Agreement (Eddie Bauer Holdings, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which that may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 4 contracts
Samples: Indemnification Agreement (Seracare Life Sciences Inc), Indemnification Agreement (Seracare Life Sciences Inc), Indemnification Agreement (Skyterra Communications Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action reasonable actions to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 4 contracts
Samples: Indemnification Agreement for World (World Health Alternatives Inc), Indemnification Agreement for World (World Health Alternatives Inc), Indemnification Agreement (China Finance Online Co. LTD)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 4 contracts
Samples: Indemnification Agreement (Silicon Graphics Inc), Indemnification Agreement (Alphanet Solutions Inc), Officer Indemnification Agreement (Nocopi Technologies Inc/Md/)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) Clause 4.2 hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective insurance policies. The Company shall thereafter take all reasonably necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 4 contracts
Samples: Deed of Indemnification (Osmotica Pharmaceuticals PLC), Deed of Indemnification (Osmotica Pharmaceuticals LTD), Deed of Indemnification (Nabriva Therapeutics PLC)
Notice to Insurers. If, at the time of the receipt by the Company ------------------ Company, of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claimclaim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 4 contracts
Samples: Indemnification Agreement (Sound Source Interactive Inc /De/), Indemnification Agreement (Sound Source Interactive Inc /De/), Indemnification Agreement (Sound Source Interactive Inc /De/)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) 2.2 hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all reasonably necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 3 contracts
Samples: Indemnification Agreement (Bonds.com Group, Inc.), Indemnification Agreement (Bonds.com Group, Inc.), Indemnification Agreement (Trailer Bridge Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) 3.01 hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt written notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 3 contracts
Samples: Indemnification Agreement (Trident Digital Tech Holdings Ltd.), Form of Indemnification Agreement (Lixiang Education Holding Co . LTD), Form of Indemnification Agreement (SAMOYED HOLDING LTD)
Notice to Insurers. If, at the time of the receipt by the ------------------ Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of IndemniteeIndemnitees, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 3 contracts
Samples: Indemnification Agreement (Kana Communications Inc), Indemnification Agreement (Sonicwall Inc), Indemnification Agreement (Kintana Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof3.2, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceedingProceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 3 contracts
Samples: Indemnification Agreement (Aci Worldwide, Inc.), Indemnification Agreement (Aci Worldwide, Inc.), Indemnification Agreement (Transaction Systems Architects Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim claim pursuant to Section subsection 2(b) hereofof this Agreement, the Company has director and officer liability insurance in effect which may cover such Claimeffect, the Company shall give prompt notice of the commencement of such Claim proceeding to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation proceeding in accordance with the terms of such policies.
Appears in 3 contracts
Samples: Indemnification Agreement (AeroGrow International, Inc.), Indemnification Agreement (Pac-West Telecomm Inc), Indemnification Agreement (Apple Computer Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b4(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 3 contracts
Samples: Indemnification Agreement (Papa Johns International Inc), Indemnification Agreement (Com21 Inc), Indemnification Agreement (Reel Com Inc)
Notice to Insurers. If, at the time of the receipt by the ------------------ Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 3 contracts
Samples: Indemnification Agreement (Happy Kids Inc), Indemnification Agreement (Dset Corp), Indemnification Agreement (Netframe Systems Inc)
Notice to Insurers. If, at the time of the receipt by the ------------------ Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective such policy or policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (Analytical Graphics Inc), Indemnification Agreement (Goamerica Inc)
Notice to Insurers. If, at the time of the receipt by the ------------------ Company of a notice of a Claim pursuant to Section 2(b4(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective Company's policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (Rainmaker Systems Inc), Indemnity Agreement (Applied Science Fiction Inc)
Notice to Insurers. If, at the time of the receipt by the ------------------ Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry inquiry, or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (CSG Systems International Inc), Indemnification Agreement (CSG Systems International Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give use commercially reasonably efforts to provide prompt written notice of the commencement of such Claim to the such insurers in accordance with the procedures set forth in the respective each of such policies. The Company shall thereafter take all necessary or desirable action use commercially reasonable efforts to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (Cbot Holdings Inc), Indemnification Agreement (Lawson Products Inc/New/De/)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, claim the Company has liability insurance in effect which may cover such Claimclaim, the Company shall give prompt notice of the commencement of such Claim claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (InMode Ltd.), Indemnification Agreement (InMode Ltd.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim claim pursuant to Section 2(b) hereof, the Company has liability directors’ and officers’ insurance policies in effect which may cover such Claimeffect, then the Company shall give prompt notice of the commencement of such Claim Proceeding to the insurers of such policies in accordance with the procedures set forth in the respective such policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Proceeding in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (Key Energy Services Inc), Indemnification Agreement (Pacwest Bancorp)
Notice to Insurers. IfWithout derogating from Section 1(a) above, if, at the time of the receipt by the Company of a notice of a Claim claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (Alvarion LTD), Form of Indemnification Agreement (Alvarion LTD)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b4(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.. (e)
Appears in 2 contracts
Samples: Multimedia Corporation Indemnification Agreement (Sanctuary Woods Multimedia Corp), Network Services Indemnification Agreement (International Network Services)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim an action, suit or proceeding pursuant to Section 2(b2(a) hereof, the Company has director and officer liability insurance in effect which may cover such Claimeffect, the Company shall give prompt notice of the commencement of such Claim action, suit or proceeding to the its insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take make all necessary or desirable action reasonable efforts to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry suit or investigation proceeding in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (Overstock Com Inc), Indemnification Agreement (Altiris Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which that may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of each Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement for Officers (Replidyne Inc), Indemnification Agreement (Replidyne Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b4(b) hereof, the Company has liability insurance in effect which that may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective Company’s policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (Comverge, Inc.), Indemnification Agreement (Valence Technology Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, claim the Company has liability insurance in effect which may cover such Claimclaim, the Company shall give prompt notice of the commencement of such Claim claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (InMode Ltd.), Indemnification Agreement (InMode Ltd.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b4(c) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective Company’s policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (Chaus Bernard Inc), Indemnification Agreement (Chaus Bernard Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b4(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemniteethe Indemnified Person, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (Omnisky Corp), Indemnification Agreement (Liquor Com Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (Vitesse Semiconductor Corp), Indemnification Agreement (Vitesse Semiconductor Corp)
Notice to Insurers. If, at the time of the receipt by the ------------------ Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt written notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (Metasolv Software Inc), Indemnification Agreement (Exodus Communications Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section SECTION 2(b) hereof, the Company has liability insurance in effect which that may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (Universal Electronics Inc), Indemnification Agreement (Ritz Interactive, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b3(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (Cosine Communications Inc), Indemnification Agreement (New Focus Inc)
Notice to Insurers. If, at the time of the receipt by ------------------ the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (E Stamp Corp), Indemnification Agreement (Neomagic Corp)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim claim pursuant to Section 2(b) 2.2 hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 2 contracts
Samples: Indemnification Agreement (Inrob LTD), Indemnification Agreement (Inrob LTD)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim claim pursuant to Section 2(b) 9 hereof, the Company has liability insurance in effect which that may cover such Claimclaim, the Company shall give prompt notice of the commencement of such Claim claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemniteethe Agent, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has Company’s liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a ------------------ notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by ------------------ the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt written notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim claim pursuant to Section 2(b) 2 hereof, the Company has director and/or officer liability insurance in effect which may cover such Claimeffect, the Company shall give prompt notice of the commencement of such Claim proceeding to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemniteethe indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation proceeding in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(bSECTION 3(B) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim Proceeding pursuant to Section 2(b2(a) hereofabove, the Company has liability insurance in effect which may cover such ClaimProceeding, the Company shall give prompt notice of the commencement of such Claim Proceeding to the insurers in accordance with the procedures set forth in each of the respective Company’s applicable policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Proceeding in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim claim pursuant to Section 2(b) SECTION 2.2 hereof, the Company has director and officer liability insurance in effect which may cover such Claimeffect, the Company shall give prompt notice of receipt of a claim or the commencement of such Claim a Proceeding to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Proceeding in accordance with the terms of such policies.
Appears in 1 contract
Samples: Form of Indemnification Agreement (National Coal Corp)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt written notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.. e.
Appears in 1 contract
Samples: Board of Directors Agreement (Apollo Medical Holdings, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the its insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Samples: Indemnification Agreement (Tailwind Financial Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereofProceeding from Indemnitee, the Company has liability insurance in effect which may cover such ClaimProceeding, the Company shall give prompt written notice of the commencement of such Claim Proceeding to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim Proceeding pursuant to Section 2(b) 2.1 hereof, the Company has liability insurance in effect which may cover such Claim, Proceeding the Company shall give prompt notice of the commencement of such Claim Proceeding to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Samples: Indemnification Agreement (Cam Commerce Solutions Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) 2.2 hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt written notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim claim pursuant to Section 2(b3(b) hereof, the Company has liability insurance in effect which may cover such Claimclaim, the Company shall give prompt notice of the commencement of such Claim claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Samples: Indemnification Agreement (Global Employment Holdings, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim Proceeding pursuant to Section 2(b2(a) hereofabove, the Company has liability insurance in effect which may cover such ClaimProceeding, the Company shall give prompt notice of the commencement of such Claim Proceeding to the insurers in accordance with the procedures set forth in each of the respective Company's applicable policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Proceeding in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company ------------------ of a notice of a Claim pursuant to Section 2(b) hereof, hereof the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Samples: Indemnification Agreement (Crossworlds Software Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim Proceeding pursuant to Section 2(b2(a) hereofabove, the Company has liability insurance in effect which may cover such ClaimProceeding, the Company shall give prompt written notice of the commencement of such Claim Proceeding to the insurers in accordance with the procedures set forth in each of the respective Company’s applicable policies. The Company shall thereafter may thereafter, in its sole and absolute discretion, take all such necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Proceeding in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim claim pursuant to Section 2(b) hereofhereto, the Company has liability insurance in effect which that may cover such Claimclaim, the Company shall give prompt notice of the commencement of such Claim claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Samples: Indemnification Agreement (Virtual Radiologic CORP)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim claim pursuant to Section 2(b) 8 hereof, the Company has liability insurance in effect which that may cover such Claimclaim, the Company shall give prompt notice of the commencement of such Claim claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemniteethe Agent, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) 2.2 hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.. Indemnification Agreement
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt written notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of each Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by ------------------ the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of IndemniteeIndemnitees, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of IndemniteeIndemnitees, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter make commercially reasonable efforts to take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Samples: Indemnification Agreement (Merisant Worldwide, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claimclaim, the Company shall give prompt notice of the commencement of such Claim claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of IndemniteeIndemnitees, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Samples: Indemnification Agreement (Powerwave Technologies Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt written notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action use commercially reasonable efforts to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Samples: Indemnification Agreement (Basil Street Cafe, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has liability insurance in effect which that may cover such Claim, the Company shall give prompt written notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 1 contract
Samples: Indemnification Agreement (Anthera Pharmaceuticals Inc)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b) hereof, the Company has director and officer liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of an Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Samples: Indemnification Agreement (LianBio)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b(b) hereof, the Company has liability insurance in effect which that may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b3(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective policiesCompany's policies . The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b2(h) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective such policy or policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Samples: Indemnification Agreement (Purple Communications, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b4(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in each of the respective Company’s policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of IndemniteeIndemnitees, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.
Appears in 1 contract
Samples: Agreement (Fusion-Io, Inc.)
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b2(a) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of ------------------ a notice of a Claim claim pursuant to Section 2(b) hereof, the Company has director and officer liability insurance in effect which may cover such Claimeffect, the Company shall give prompt notice of the commencement of such Claim action, suit or proceeding to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry suit or investigation proceeding in accordance with the terms of such policies.
Appears in 1 contract
Notice to Insurers. If, at the time of the receipt by the Company of a notice of a Claim pursuant to Section 2(b(b) hereof, the Company has liability insurance in effect which may cover such Claim, the Company shall give prompt notice of the commencement of such Claim to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation Claim in accordance with the terms of such policies.
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