Common use of Partial Indemnity, Etc Clause in Contracts

Partial Indemnity, Etc. If Director is entitled under any provision of this Agreement to indemnification by the Corporation for some or a portion of Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim but not, however, for all of the total amount thereof, the Corporation shall nevertheless indemnify Director for the portion thereof to which Director is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Director has been successful on the merits or otherwise in defense of any or all Claims relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, Director shall be indemnified against all Expenses incurred in connection therewith. In connection with any determination by the Reviewing Party as to whether Director is entitled to be indemnified hereunder, the burden of proof shall be on the Corporation to establish that Director is not so entitled.

Partial Indemnity, Etc. If Director is entitled under any provision of this Agreement to indemnification by the Corporation for Company of some or a portion of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim but not, however, for all of the total amount thereof, the Corporation Company shall nevertheless indemnify Director for the portion thereof to which Director is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Director has been successful on the merits or otherwise in defense of any or all Claims relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, Director shall be indemnified against all Expenses incurred in connection therewith. In connection with any determination by the Reviewing Party or otherwise as to whether Director is entitled to be indemnified hereunder, the burden of proof shall be on the Corporation Company to establish that Director is not so entitled.

Partial Indemnity, Etc. If Director is entitled under any provision of this Agreement to indemnification by the Corporation for Company of some or a portion of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim but not, however, for all of the total amount thereof, the Corporation Company shall nevertheless indemnify Director for the portion thereof to which Director is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Director has been successful on the merits or otherwise in defense of any or all Claims relating in whole or in part to an Indemnifiable Indemniflable Event or in defense of any issue or matter therein, including dismissal without prejudice, Director shall be indemnified against all Expenses incurred in connection therewith. In connection with any determination by the Reviewing Party or otherwise as to whether Director is entitled to be indemnified hereunder, hereunder the burden of proof shall be on the Corporation Company to establish that Director is not so entitled.

Partial Indemnity, Etc. If Director is entitled under any provision of this Agreement to indemnification by the Corporation for Company of some or a portion of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim but not, however, for all of the total amount thereof, the Corporation Company shall nevertheless indemnify Director for the portion thereof to which Director is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Director has been successful on the merits or otherwise in defense of any or all Claims relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, Director shall be indemnified against all Expenses incurred in connection therewith. In connection with any determination by the Reviewing Party or otherwise as to whether Director is entitled to be indemnified hereunder, hereunder the burden of proof shall be on the Corporation Company to establish that Director is not so entitled.

Partial Indemnity, Etc. If Director is entitled under any provision of this Agreement to indemnification by the Corporation Company for some or a portion of Expensesthe expenses, judgments, fines, penalties and amounts paid in settlement of or a Claim but not, however, for all of the total amount thereof, the Corporation Company shall nevertheless indemnify Director for the portion thereof to which Director is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Director has been successful on the merits or otherwise in defense of any or all Claims relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, Director shall be indemnified against all Expenses incurred in connection therewith. In connection with With respect to any determination by the Reviewing Party or otherwise as to whether Director is entitled to be indemnified hereunder, hereunder the burden of proof shall be on the Corporation Company to establish that Director is not so entitled.

Partial Indemnity, Etc. If Director is entitled under any provision povision of this Agreement to indemnification by the Corporation for Company of some or a portion of the Expenses, judgments, fines, penalties penalies and amounts paid in settlement of a Claim but not, however, for all of the total amount thereof, the Corporation Company shall nevertheless indemnify Director for the portion thereof to which Director is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Director has been successful on the merits or otherwise in defense of any or all Claims relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, Director shall be indemnified against all Expenses incurred in connection therewith. In connection with any determination by the Reviewing Party or otherwise as to whether Director is entitled to be indemnified hereunder, hereunder the burden of proof shall be on the Corporation Comopany to establish that Director is not so entitled.