Common use of Partial Indemnity, Etc Clause in Contracts

Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a portion of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim but not for the total amount thereof, the Company shall indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of Claims relating to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 7 contracts

Samples: Indemnification Agreement (V I Technologies Inc), Indemnification Agreement (Genaissance Pharmaceuticals Inc), Indemnification Agreement (Autocyte Inc)

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Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Losses or Expenses, judgmentsbut not, fineshowever, penalties and amounts paid in settlement for all of a Claim but not for the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee 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, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 3 contracts

Samples: Indemnity Agreement (Telewest Global Inc), Director and Officer Indemnity Agreement (NTL Inc), Director and Officer Indemnity Agreement (NTL Inc)

Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification or payment by the Company for some or a portion of the ExpensesExpenses or Liabilities, judgmentsbut not, fineshowever, penalties and amounts paid in settlement for all of a Claim but not for the total amount thereof, the Company shall will nevertheless indemnify or pay the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of Claims any or all Proceedings relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, the Indemnitee shall will be indemnified against all Expenses incurred in connection therewithwith such successful defense.

Appears in 3 contracts

Samples: Indemnification Agreement (Vmware, Inc.), Form of Indemnification Agreement (Vmware, Inc.), Form of Indemnification Agreement (Vmware, Inc.)

Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a portion of the Expenses, judgments, fines, penalties and amounts paid Expenses or other Indemnifiable Amounts in settlement respect of a Claim Claim, but not for all of the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee 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, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Computer Vision Systems Laboratories Corp.), Indemnification Agreement (Heelys, Inc.)

Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim any Indemnifiable Loss but not for all of the total amount thereof, the Company shall will nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee 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 Loss or in defense of any issue or matter therein, including including, without limitation, dismissal without prejudice, the Indemnitee shall will be indemnified against all Expenses incurred in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Westwood Holdings Group Inc), Indemnification Agreement (Washington Group International Inc)

Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim any Indemnifiable Loss but not for all of the total amount thereof, the Company shall will nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee 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 Loss or in defense of any issue or matter therein, including without limitation dismissal without prejudice, the Indemnitee shall will be indemnified against all Expenses incurred in connection therewith.

Appears in 2 contracts

Samples: Director and Officer Indemnification Agreement (Symetra Financial CORP), Director and Officer Indemnification Agreement (First Solar, Inc.)

Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Losses or Expenses, judgmentsbut not, fineshowever, penalties and amounts paid in settlement of a Claim but not for the entire total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee 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, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 2 contracts

Samples: Indemnity Agreement (Virgin Media Inc.), Indemnity Agreement (NTL Inc)

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

Appears in 1 contract

Samples: Indemnification Agreement (Bolle Inc)

Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses, judgments, fines, penalties and amounts paid in settlement of arising from or relating to a Claim but not not, however, for all of the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of off 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, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (CHINA MOBILITY SOLUTIONS, INC. (Formerly Xin Net Corp.))

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

Appears in 1 contract

Samples: Indemnification Agreement (Aptargroup Inc)

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Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a portion portion, but not all, of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim but not for the total amount thereofClaim, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee 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 without limitation dismissal without prejudice, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Parker Drilling Co /De/)

Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses, judgments, fines, penalties and amounts paid Expenses or other Indemnifiable Amounts in settlement respect of a Claim but not not, however, for all of the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this AgreementAgreement (other than Section 17), to the extent that the Indemnitee 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, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Edwards Lifesciences Corp)

Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses, judgments, fines, penalties Losses and amounts paid in settlement Expenses of a Claim but not not, however, for all of the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of any or all Claims relating in whole or in part to an any Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith. 13.

Appears in 1 contract

Samples: Indemnification Agreement (Jyra Research Inc)

Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses, judgmentsbut not, fineshowever, penalties and amounts paid in settlement for all of a Claim but not for the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee 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, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Director and Officer Indemnity Agreement (NTL Europe Inc)

Partial Indemnity, Etc. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses, judgments, fines, penalties and amounts paid in settlement of Expenses relating to a Claim but not not, however, for the total entire amount thereof, the Company shall indemnify the nevertheless indemnity Indemnitee for the portion thereof to which the Indemnitee is entitled. Notwithstanding Moreover, notwithstanding any other provision of this Agreement, to the extent that the Indemnitee 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, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Reynolds & Reynolds Co)

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

Appears in 1 contract

Samples: Consulting and Employment Agreement (Triarc Companies Inc)

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