Partial Indemnity, Etc. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a portion of the Expenses or other Indemnifiable Amounts in respect of a Claim but not for the entire amount thereof, the Company shall indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, or resulting from any Indemnifiable Event, or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.
Appears in 2 contracts
Samples: Indemnification Agreement (Viking Holdings LTD), Indemnification Agreement (Bowhead Specialty Holdings Inc.)
Partial Indemnity, Etc. If Indemnitee is entitled under any provision of ---------------------- this Agreement to indemnification by the Company for some or a portion of the Expenses or other Indemnifiable Amounts Expenses, judgments, fines, penalties and amounts paid in respect settlement of a Claim but not not, however, for all of the entire total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.
Appears in 2 contracts
Samples: Annual Report, Indemnification Agreement (Merrill Lynch & Co Inc)
Partial Indemnity, Etc. If Indemnitee is entitled under any provision ----------------------- of this Agreement to indemnification by the Company for some or a portion of the Expenses or other Indemnifiable Amounts Expenses, judgments, fines, penalties and amounts paid in respect settlement of a Claim but not not, however, for all of the entire total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.
Appears in 2 contracts
Samples: Indemnification Agreement (Wavesplitter Technologies Inc), Indemnification Agreement (Petsmart Com Inc)
Partial Indemnity, Etc. If Indemnitee is entitled under any provision of ---------------------- this Agreement to indemnification by the Company for some or a portion of the Expenses or other Indemnifiable Amounts Expenses, judgments, fines, penalties and amounts paid in respect settlement of a Claim but not not, however, for all of the entire total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewithwith such Claims as to which Indemnitee has been successful.
Appears in 2 contracts
Samples: Indemnification Agreement (Asa Holdings Inc), Indemnification & Liability (Asa Holdings Inc)
Partial Indemnity, Etc. If Indemnitee is entitled under any ----------------------- provision of this Agreement to indemnification by the Company for some or a portion of the Losses and Expenses or other Indemnifiable Amounts in respect of a Claim but not not, however, for all of the entire total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from in part to any Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.
Appears in 2 contracts
Samples: Indemnification Agreement (Specialty Catalog Corp), Indemnification Agreement (Peapod Inc)
Partial Indemnity, Etc. If Indemnitee is entitled under any other ---------------------- provision of this Agreement to indemnification by the Company Bank Plus for some or a portion of the Expenses or other Indemnifiable Amounts Expenses, judgments, fines, penalties and amounts paid in respect settlement of a Claim but not not, however, for all of the entire total amount thereof, the Company Bank Plus shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.
Appears in 1 contract
Partial Indemnity, Etc. If Indemnitee is entitled under any provision ----------------------- of this Agreement to indemnification by the Company for some or a portion of the Expenses or other Indemnifiable Amounts expenses, judgments, fines and amounts paid in respect settlement of a Claim but not not, however, for all of the entire total amount thereof, the Company shall will nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including, without limitation, dismissal without prejudice, Indemnitee shall will be indemnified against all Expenses costs, charges and expenses, including, without limitation, attorneys' fees and other Indemnifiable Amounts fees and expenses, incurred in connection therewith.
Appears in 1 contract
Samples: Indemnification Agreement (Scottish Annuity & Life Holdings LTD)
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 or other Indemnifiable Amounts in respect of a Claim but not not, however, for all of the entire total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. 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 (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, the Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.
Appears in 1 contract
Samples: Indemnification Agreement (Edwards Lifesciences Corp)
Partial Indemnity, Etc. 6.1 If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the Expenses or other Indemnifiable Amounts Expenses, judgments, fines, penalties and amounts paid in respect settlement of a Claim but not not, however, for all of the entire total amount thereof, then the Company shall nevertheless indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Moreover, notwithstanding .
6.2 Notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, the Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.
Appears in 1 contract
Samples: Indemnification & Liability (Kideo Productions Inc)
Partial Indemnity, Etc. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company Corporation for some or a portion of the Expenses or other Indemnifiable Amounts in respect of Losses related to a Claim Proceeding but not not, however, for the entire total amount thereof, the Company Corporation shall nevertheless indemnify Indemnitee for the portion thereof to which Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that a final, non-appealable decision of a court of competent jurisdiction has resulted in Indemnitee has been being successful on the merits or otherwise (including dismissal without prejudice) in defense of any or all Claims arising out of, Proceedings relating to, in whole or resulting from any in part to an Indemnifiable Event, Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses and other Indemnifiable Amounts incurred in connection therewith.
Appears in 1 contract