Other Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise.
Appears in 23 contracts
Samples: Indemnification Agreement (Medivation, Inc.), Indemnification Agreement (Medivation, Inc.), Indemnification Agreement (Medivation, Inc.)
Other Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable (under this Agreement in connection with any action, suit or for which advancement is provided hereunder) if and proceeding against Indemnitee to the extent that Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwiseof the amounts otherwise payable by the Company hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Packaged Ice Inc), Indemnification Agreement (Packaged Ice Inc), Indemnification Agreement (Vacation Properties International Inc)
Other Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable (under this Agreement in connection with any action, suit or for which advancement is provided hereunder) if and proceeding against the Indemnitee to the extent that the Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwiseof the amounts otherwise payable by the Company hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Southern Bottled Water Co Inc), Indemnification Agreement (Southern Bottled Water Co Inc), Indemnification Agreement (Southern Bottled Water Co Inc)
Other Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable (or for which advancement is provided hereunder) if and under this Agreement in connection with any Proceeding against the indemnitee to the extent that the Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwisepayments of the amounts otherwise payable by the Company hereunder from a third party.
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Other Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable indemnif able (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise.
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