Presumption in Favor of Indemnitee. In making a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted an application for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption.
Appears in 14 contracts
Samples: Separation Agreement (Medivation, Inc.), Director’s Indemnification Agreement (SLM Corp), Employment Agreement (USA Mobility, Inc)
Presumption in Favor of Indemnitee. In making a determination with respect to entitlement to indemnification or advancement of Expenses hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification or advancement of Expenses under this Agreement if Indemnitee has submitted an application for advancement of Expenses in accordance with Section 10(a) of this Agreement or indemnification in accordance with Section 10(a11(b) of this Agreement, and the Company shall have the burden of proof to overcome that presumption.
Appears in 7 contracts
Samples: Indemnification Agreement (Medicis Pharmaceutical Corp), Indemnification Agreement (Grubb & Ellis Co), Indemnification Agreement (Isotis Inc)
Presumption in Favor of Indemnitee. In making a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted an application for indemnification in accordance with Section 10(a11(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption.
Appears in 1 contract
