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 or penalties actually or reasonably incurred by Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for that portion to which Indemnitee is entitled.
Appears in 9 contracts
Samples: Indemnification Agreement (Callaway Golf Co /Ca), Indemnification Agreement (Callaway Golf Co /Ca), Indemnification Agreement (Callaway Golf Co /Ca)
Partial Indemnity. If the Indemnitee is entitled under any provision ----------------- of this Agreement to indemnification by the Company for some or a portion of the costs, charges, expenses, judgments, fines or penalties actually or reasonably incurred by Indemnitee and amounts paid in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings a Proceeding but not, however, for the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for that the portion thereof to which the Indemnitee is entitled.
Appears in 8 contracts
Samples: Indemnification Agreement (Sed International Holdings Inc), Employment Agreement (Global Industries LTD), Indemnification Agreement (Global Industries LTD)
Partial Indemnity. If Indemnitee is entitled under any provision ----------------- of this Agreement to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines or penalties actually or reasonably incurred by Indemnitee fines, penalties, and amounts paid in the investigation, defense, appeal or settlement of any civil a Claim or criminal action, suit or proceedings Proceeding but not, however, for all of the total amount thereof, the Company shall nevertheless indemnify Indemnitee for that the portion thereof to which Indemnitee is entitled.
Appears in 5 contracts
Samples: Resources Company (Pioneer Natural Resources Co), Resources Company (Pioneer Natural Resources Co), Indemnification Agreement (Pioneer Natural Resources Co)
Partial Indemnity. If the Indemnitee is entitled under any provision ----------------- provisions of this Agreement to indemnification by the Company for of some or a portion of the expensesExpenses, liabilities, judgments, fines or fines, penalties actually or reasonably incurred by Indemnitee and amounts paid in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings a Claim but not, however, for all of the total amount thereof, the Company shall will nevertheless indemnify the Indemnitee for that the portion thereof to which the Indemnitee is entitled.
Appears in 3 contracts
Samples: Officer Indemnification Agreement (Alexza Pharmaceuticals Inc.), Officer Indemnification Agreement (Michigan Commerce Bancorp LTD), Officer Indemnification Agreement (Michigan Commerce Bancorp LTD)
Partial Indemnity. If Indemnitee is entitled under any provision of ----------------- of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines Expenses or penalties actually or reasonably Liability incurred by Indemnitee in the preparation, investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings Proceeding but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for that the portion of such Expenses or Liability to which Indemnitee is entitledentitled in accordance with this Agreement.
Appears in 2 contracts
Samples: Indemnification Agreement (Assisted Living Concepts Inc), Indemnification Agreement (Assisted Living Concepts 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 expensesExpenses, judgments, fines or fines, penalties actually or reasonably incurred by Indemnitee and amounts paid in the investigation, defense, appeal or settlement of any civil or criminal actiona Claim, suit or proceedings but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for that the portion thereof to which Indemnitee is entitled.
Appears in 2 contracts
Samples: Indemnification Agreement (Tci Satellite Entertainment Inc), Indemnification Agreement (Tci Satellite Entertainment Inc)
Partial Indemnity. If the Indemnitee is entitled under any provision ----------------- of this Agreement to indemnification by the Company Corporation for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by Indemnitee and amounts paid in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings but not, however, for all of the total amount thereof, the Company Corporation shall nevertheless indemnify the Indemnitee for that the portion thereof to which the Indemnitee is entitled.
Appears in 2 contracts
Samples: Indemnification Agreement (Zale Corp), Indemnification Agreement (Zale Corp)
Partial Indemnity. If the Indemnitee is entitled under any provision ----------------- of this Agreement to indemnification by the Company for some or a portion of the costs, charges, expenses, judgments, fines or penalties actually or reasonably incurred by Indemnitee and amounts paid in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings a Proceeding but not, however, for the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for that the portion thereof to which the Indemnitee is entitled.
Appears in 2 contracts
Samples: 6 Indemnification Agreement (Homegate Hospitality Inc), Indemnification Agreement (U S Intec 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 expensesExpenses, judgments, fines or penalties actually or reasonably incurred by Indemnitee fines, penalties, amounts paid in the investigation, defense, appeal or settlement of a claim or any civil or criminal action, suit or proceedings other amount but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for that the portion thereof to which Indemnitee is entitled.
Appears in 2 contracts
Samples: Indemnification Agreement (TMS International Corp.), Indemnification Agreement (TMS International 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 expensesany Expenses, judgments, fines or penalties and amounts paid in settlement actually or and reasonably incurred by Indemnitee or on his or her behalf in the investigationconnection with a Proceeding or any claim, defenseissue or matter therein, appeal or settlement but not for all of any civil or criminal action, suit or proceedings but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for that the portion thereof to which Indemnitee is entitled.
Appears in 2 contracts
Samples: Indemnification Agreement (Avanir Pharmaceuticals, Inc.), Indemnification Agreement (Avanir Pharmaceuticals, 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 or penalties Expenses actually or reasonably incurred by Indemnitee him in the investigation, defense, appeal or settlement of any civil or criminal actionproceeding, suit or proceedings but not, however, not for all of the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for that the portion thereof to which Indemnitee is entitled.
Appears in 2 contracts
Samples: Director Indemnification Agreement (Wisekey International Holding S.A.), Director and Officer Indemnification Agreement (Sparton Corp)
Partial Indemnity. If Indemnitee is entitled under any provision ----------------- of this Agreement Deed to indemnification by the Company for some or a portion of the expenses, judgments, fines Judgments and Expenses arising from or penalties actually or reasonably incurred by Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings relating to a Claim but not, however, for all of the total amount thereof, the Company shall nevertheless indemnify Indemnitee for that the portion thereof to which Indemnitee is entitled.
Appears in 2 contracts
Samples: Cooper Industries PLC, Cooper Industries LTD
Partial Indemnity. If the Indemnitee is entitled under any provision ----------------- of this Agreement to indemnification by the Company for some or a portion of of, but not the expensestotal amount of, the Expenses, judgments, penalties, fines or penalties and amounts paid in settlement actually or and reasonably incurred by Indemnitee him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings but not, however, for the total amount thereofProceeding, the Company shall nevertheless indemnify the Indemnitee for that the portion of the Expenses, judgments, penalties, fines and amounts paid in settlement to which the Indemnitee is entitled.
Appears in 2 contracts
Samples: Indemnification Agreement (Qlogic Corp), Indemnification Agreement (Red Robin Gourmet Burgers Inc)
Partial Indemnity. If the Indemnitee is entitled under any provision ----------------- provisio of this Agreement to indemnification by the Company for some or a portion of the costs, charges, expenses, judgments, fines or penalties actually or reasonably incurred by Indemnitee and amounts paid in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings a Proceeding but not, however, for the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for that the portion thereof to which the Indemnitee is entitled.
Appears in 1 contract
Samples: Indemnification Agreement (Sed International Holdings Inc)
Partial Indemnity. If the Indemnitee is entitled under any provision ----------------- of this Agreement to indemnification by the Company for some or a portion of the expensesExpenses, judgments, penalties, fines or penalties actually amounts paid in settlement in connection with any Proceeding or reasonably incurred by Indemnitee in the investigationany claim, defense, appeal issue or settlement of any civil or criminal action, suit or proceedings matter therein but not, however, for all of the total amount thereof, the Company shall will nevertheless indemnify the Indemnitee for that the portion thereof to which the Indemnitee is entitled.
Appears in 1 contract
Samples: Indemnification Agreement (Tricord Systems Inc /De/)
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 any Expenses or penalties actually or reasonably Liabilities of any kind whatsoever incurred by Indemnitee him or her in the investigation, defense, settlement or appeal or settlement of any civil or criminal action, suit or proceedings a Proceeding but not, however, for not entitled to all of the total amount thereof, the Company shall nevertheless indemnify Indemnitee for such total amount except as to the portion thereof for which it has been determined pursuant to sections 9 and 10 hereof that portion to which Indemnitee is not entitled.
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 expensesExpenses, judgments, fines or penalties actually or reasonably incurred by Indemnitee fines, penalties, and amounts paid in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings a Claim but not, however, for all of the total amount thereof, the Company shall nevertheless indemnify Indemnitee for that the portion thereof to which Indemnitee is entitled.
Appears in 1 contract
Samples: Execution Version (OHI Healthcare Properties Limited Partnership)
Partial Indemnity. If Indemnitee is entitled under any provision ----------------- of this Agreement to indemnification by the Company Corporation for some or a portion of the expensesExpenses, judgments, fines fines, penalties (including excise or penalties actually or reasonably incurred by Indemnitee similar taxes), and amounts paid in the investigation, defense, appeal or settlement of any civil a Claim or criminal action, suit or proceedings Proceeding but not, however, for all of the total amount thereof, the Company Corporation shall nevertheless nevertheless, to the fullest extent permitted by applicable law, indemnify Indemnitee for that the portion thereof to which Indemnitee is entitled.
Appears in 1 contract
Partial Indemnity. 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 expenses, judgments, fines or fines, penalties actually or reasonably incurred by Indemnitee and amounts paid in the investigation, defense, appeal or settlement of any civil threatened, pending or criminal completed action, suit or proceedings proceeding but not, however, for all of the total amount thereof, the Company shall nevertheless indemnify or pay the Indemnitee for that the portion thereof to which the Indemnitee is entitledentitled hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Digital Domain Media Group, Inc.)
Partial Indemnity. 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 or penalties actually or reasonably incurred by Indemnitee fines, penalties, and amounts paid in the investigationsettlement, defense, appeal or settlement of any civil or criminal action, suit or proceedings but not, however, not for the a total amount thereof, the Company shall nevertheless will indemnify Indemnitee for that the portion thereof to which the Indemnitee is entitled.
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 any Expenses or penalties actually or reasonably Liabilities of any type whatsoever incurred by Indemnitee him or her in the investigation, defense, settlement or appeal or settlement of any civil or criminal action, suit or proceedings a Proceeding but not, however, for not entitled to all of the total amount thereof, the Company shall nevertheless indemnify Indemnitee for such total amount except as to the portion thereof for which it has been determined pursuant to Section 6 hereof that portion to which Indemnitee is not entitled.
Appears in 1 contract
Samples: Indemnification Agreement (Bridgepoint Education Inc)
Partial Indemnity. If the Indemnitee is entitled under any provision ----------------- of this Agreement to indemnification by the Company for some or a portion of of, but not the expensestotal amount of, the Expenses, judgments, penalties, fines or penalties and amounts paid in settlement actually or and reasonably incurred by the Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings but not, however, for the total amount thereofProceeding, the Company shall nevertheless indemnify the Indemnitee for that the portion of the Expenses, judgments, penalties, fines and amounts paid in settlement to which the Indemnitee is entitled.
Appears in 1 contract
Samples: Indemnification Agreement (Resources Connection 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 expensesExpenses, judgments, fines or fines, penalties actually or reasonably incurred by Indemnitee and amounts paid in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings a Claim but not, however, for all of the total amount thereof, the Company shall will nevertheless indemnify Indemnitee for that the portion thereof to which Indemnitee is entitled.
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 expensesExpenses, judgments, fines or fines, penalties actually or reasonably incurred by Indemnitee and amounts paid in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings a Claim but not, however, for all of the total amount thereof, the Company shall nevertheless indemnify Indemnitee for that the portion thereof to which Indemnitee is entitled.
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 Judgments arising from or penalties actually or reasonably incurred by Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings relating to a Claim but not, however, for all of the total amount thereof, the Company shall nevertheless indemnify Indemnitee for that the portion thereof to which Indemnitee is entitled.
Appears in 1 contract
Partial Indemnity. If Indemnitee is entitled under any provision ----------------- of this Agreement Agreement, or is determined by a court of competent jurisdiction to be entitled to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines fines, penalties and amounts paid in settlement or penalties actually or reasonably incurred by Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings a Claim but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for that the portion thereof to which Indemnitee is entitled.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Able Telcom Holding Corp)
Partial Indemnity. 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, judgments, fines or fines, penalties actually or reasonably incurred by Indemnitee and amounts paid in the investigation, defense, appeal or settlement of any civil threatened, pending or criminal completed action, suit or proceedings proceeding but not, however, for all of the total amount thereof, the Company shall nevertheless indemnify or pay the Indemnitee for that the portion thereof to which the Indemnitee is entitled.
Appears in 1 contract
Samples: Form of Indemnification Agreement (GTY Technology Holdings Inc.)
Partial Indemnity. 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, judgments, fines or fines, penalties actually or reasonably incurred by Indemnitee and amounts paid in the investigation, defense, appeal or settlement of any civil threatened, pending or criminal completed action, suit or proceedings proceeding but not, however, for all of the total amount thereof, the Company shall nevertheless indemnify or pay the Indemnitee for that the portion thereof to which the Indemnitee is entitledentitled hereunder.
Appears in 1 contract
Partial Indemnity. If Indemnitee is entitled under any provision ----------------- of this Agreement to indemnification by the Company or the Partnership for some or a portion of the expensesjudgments and Expenses arising from or relating to a claim, judgments, fines or penalties actually or reasonably incurred by Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedings proceeding but not, however, for all of the total amount thereof, the Company or the Partnership shall nevertheless indemnify Indemnitee for that the portion to which Indemnitee is entitled.
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 expensesExpenses, judgments, fines or penalties actually or reasonably incurred by Indemnitee fines, penalties, and amounts paid in the investigation, defense, appeal or settlement of any civil a Claim or criminal action, suit or proceedings Proceeding but not, however, for all of the total amount thereof, the Company shall nevertheless indemnify Indemnitee for that the portion thereof to which Indemnitee is entitled.. EXHIBIT 10.1 PIONEER NATURAL RESOURCES COMPANY INDEMNIFICATION AGREEMENT
Appears in 1 contract
Samples: Indemnification Agreement (Pioneer Natural Resources Co)