Partial Indemnity. If 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, however, for the 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 in defense of any or all Claims or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 10 contracts
Samples: Indemnification Agreement (Spanish Broadcasting System Inc), Indemnification Agreement (Konover Property Trust Inc), Indemnification Agreement (SBS Promotions Inc)
Partial Indemnity. If 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 penalties, and amounts paid in settlement of a Claim but not, however, for all of the 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 in defense of any or all Claims Claims, or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.. ARTICLE IV
Appears in 10 contracts
Samples: Indemnification Agreement (Reata Pharmaceuticals Inc), Indemnification Agreement (Reata Pharmaceuticals Inc), Indemnification Agreement (Reata Pharmaceuticals Inc)
Partial Indemnity. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a portion of the Expenses, judgments, fines, penalties and penalties, amounts paid in settlement of a Claim claim or any other amount but not, however, for the 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 in defense of any or all Claims claims or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses expenses incurred in connection therewith.
Appears in 4 contracts
Samples: Indemnification Agreement (Zapata Corp), Indemnification Agreement (Zap Com Corp), Indemnification Agreement (Zap Com Corp)
Partial Indemnity. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a portion of the Expensesexpenses, judgments, fines, penalties and amounts paid in settlement of a Claim claim but not, however, for the 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 Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of any or all Claims claims or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses expenses incurred in connection therewith.
Appears in 4 contracts
Samples: Indemnification Agreement (Worldwide Web Networx Corp), Indemnification Agreement (Worldwide Web Networx Corp), Indemnification Agreement (Worldwide Web Networx Corp)
Partial Indemnity. If 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 Liabilities but not, however, for all of the 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 in defense of any or all Claims Proceeding or in defense of any claim, issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 3 contracts
Samples: Indemnification Agreement (First Mercury Financial Corp), Indemnification Agreement (First Mercury Financial Corp), Indemnification Agreement (Maynard Oil Co)
Partial Indemnity. If the Indemnitee is entitled under any provision of this Agreement or otherwise to indemnification by the Company for a portion less than all of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim but not, however, for the total amount thereofClaim, the Company shall nevertheless indemnify the Indemnitee for the that portion thereof to which the Indemnitee is entitled. 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: Indemnification Agreement (Zix Corp), Indemnity Agreement (Zix Corp), Indemnification Agreement (Zix Corp)
Partial Indemnity. If 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 Expenses but not, however, for all of the 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 in defense of any or all Claims claims relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter thereinherein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 2 contracts
Samples: Indemnification Agreement (Diversified Corporate Resources Inc), Indemnification Agreement (Diversified Corporate Resources Inc)
Partial Indemnity. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a portion of the Expensesexpenses, judgments, fines, penalties and amounts paid in settlement of a Claim claim but not, however, for the 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 in defense of any or all Claims claims or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses expenses incurred in connection therewith.
Appears in 2 contracts
Samples: Indemnification Agreement (Metropolis Realty Trust Inc), Indemnification Agreement (Peach Auto Painting & Collision Inc)
Partial Indemnity. If 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 Liabilities but not, however, for all of the 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, Agreement to the extent that Indemnitee has been successful on the merits or otherwise in defense of any or all Claims Proceeding or in defense of any claim, issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 2 contracts
Samples: Indemnification Agreement (Ferrellgas Partners Finance Corp), Indemnification Agreement (Ferrellgas Partners L P)
Partial Indemnity. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company Corporation for a portion of the Expenses, judgments, fines, penalties penalties, and amounts paid in settlement of a Claim Claim, but not, however, not for the total amount thereofamount, the Company shall nevertheless Corporation will indemnify the Indemnitee for the portion thereof to which the Indemnitee is entitled. Moreover, notwithstanding 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 Claims relating in whole or all Claims in part to an Indemnifiable Event or in defense of any issue or matter therein, therein (including dismissal without prejudice), the Indemnitee shall will be indemnified against all Expenses incurred in connection therewith.
Appears in 1 contract
Partial Indemnity. If 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, however, for all of the 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 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, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 1 contract
Samples: Indemnification Agreement (Mantech International Corp)
Partial Indemnity. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a portion some, but not all, of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim but not, however, for the total amount thereofIndemnitee's Indemnifiable Liabilities, the Company shall nevertheless indemnify Indemnitee Indemnittee 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 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, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 1 contract
Partial Indemnity. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a portion less than all of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim but not, however, for the total amount thereofClaim, the Company shall nevertheless indemnify the Indemnitee for the that portion thereof to which the Indemnitee is entitled. 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 (Zix Corp)
Partial Indemnity. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a portion of the Expensesexpenses, judgments, fines, penalties and amounts paid in settlement of a Claim claim but not, however, for the 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 in defense of any or all Claims claims or in defense of any issue or matter thereinproceeding, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses reasonable expenses incurred in connection therewith.
Appears in 1 contract
Partial Indemnity. If 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, however, for the 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 the Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any or all Claims or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 1 contract
Samples: Indemnification Agreement (Dynasil Corp of America)
Partial Indemnity. If 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 penalties, and amounts paid in settlement of a Claim or Proceeding but not, however, for all of the 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 in defense of any or all Claims or in defense of any issue or matter therein, including dismissal without prejudiceProceedings, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 1 contract
Samples: Indemnification Agreement (Caraco Pharmaceutical Laboratories LTD)
Partial Indemnity. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for a portion some, but not all, of the Expenses, judgments, fines, penalties and amounts paid in settlement of a Claim but not, however, for the total amount thereofIndemnitee’s Indemnifiable Liabilities, 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 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 with prejudice, Indemnitee shall will be indemnified against all Expenses incurred in connection therewith.
Appears in 1 contract
Samples: Indemnification Agreement (PMC Commercial Trust /Tx)
Partial Indemnity. If 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 penalties, and amounts paid in settlement of a Claim Proceeding but not, however, for all of the total amount thereof, the Company shall will nevertheless indemnify Indemnitee for the full 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 in defense of any or all Claims Proceedings relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall will be indemnified against all Expenses incurred in connection therewith.
Appears in 1 contract
Partial Indemnity. If 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 Expenses but not, however, for all of the 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 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, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 1 contract
Partial Indemnity. If an 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 Liabilities but not, however, for all the total amount thereof, the Company shall nevertheless indemnify such Indemnitee for the portion thereof to which the Indemnitee is entitled. Moreover, notwithstanding any other provision of this Agreement, to the extent that an Indemnitee has been successful on the merits or otherwise in defense of any or all Claims Proceeding or in defense of any claim, issue or matter therein, including dismissal without prejudice, such Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
Appears in 1 contract
Samples: Indemnification Agreement (Sheffield Pharmaceuticals Inc)