Presumption Concerning Request Clause Samples
The "Presumption Concerning Request" clause establishes a default assumption about the intent or effect of a party's request within the context of the agreement. Typically, this clause clarifies how requests made by one party should be interpreted, such as presuming that a request is made in good faith or that it does not constitute a waiver of rights unless explicitly stated. By setting this presumption, the clause helps prevent misunderstandings or disputes over the meaning or consequences of requests, ensuring smoother communication and reducing the risk of unintended legal effects.
Presumption Concerning Request. To the maximum extent permitted by applicable law in making a determination with respect to entitlement to indemnification (or advancement of expenses) hereunder, the Company shall presume that Indemnitee is entitled to indemnification (or advancement of expenses) under this Agreement if Indemnitee has submitted a request for advancement under Section 2(c) of this Agreement for indemnification in accordance with Section 3(a) of this Agreement, and the Company shall have the burden of proof to overcome that assumption by clear and convincing evidence in connection with the making of any determination contrary to that presumption.