Common use of Presumption of Right to Indemnification Clause in Contracts

Presumption of Right to Indemnification. Upon submission of an Indemnification Notice to the Corporation, the Board shall review such Notice and endeavor to determine whether the Indemnitee is entitled to indemnification under this Agreement with respect to the matters described therein. As of the Evaluation Date, unless the Board has reasonably determined that the Indemnitee is not entitled to indemnification under this Agreement with respect to the matters described in such Indemnification Notice, there shall be created a presumption that the Indemnitee is entitled to such indemnification. Such presumption shall continue, and indemnification and payment shall be provided under this Agreement, unless and such time as the Board shall reasonably determine that the Indemnitee is not entitled to indemnification under this Agreement. This paragraph is procedural only and shall not affect the right of the Indemnitee to indemnification under this Agreement. Any determination by the Board that the Indemnitee is not entitled to indemnification under this Agreement and any failure to make any payments requested in an Indemnification Notice or otherwise shall be subject to judicial review.

Presumption of Right to Indemnification. Upon submission of an Indemnification Notice to the Corporation, the Board shall review such Indemnification Notice and endeavor to determine whether the Indemnitee Indemnified Party is entitled to indemnification under this Agreement with respect to the matters described therein. As of the Evaluation Date, unless the Board has reasonably determined that the Indemnitee Indemnified Party is not entitled to indemnification under this Agreement with respect to the matters described in such Indemnification Notice, there shall be created a presumption that the Indemnitee Indemnified Party is entitled to such indemnification. Such presumption shall continue, and indemnification and payment shall be provided under this Agreement, unless and until such time as the Board shall reasonably determine that the Indemnitee Indemnified Party is not entitled to indemnification under this Agreement. This paragraph is procedural only and shall not affect the right of the Indemnitee Indemnified Party to indemnification under this Agreement. Any determination by the Board that the Indemnitee Indemnified Party is not entitled to indemnification under this Agreement and any failure to make any advancements or payments requested in an Indemnification Notice or otherwise shall be subject to judicial review.

Presumption of Right to Indemnification. Upon submission of an ------------------------------------------- Indemnification Notice to the Corporation, the Board shall review such Indemnification Notice and endeavor to determine whether the Indemnitee Indemnified Party is entitled to indemnification under this Agreement with respect to the matters described therein. As of the Evaluation Date, unless the Board has reasonably determined that the Indemnitee Indemnified Party is not entitled to indemnification under this Agreement with respect to the matters described in such Indemnification Notice, there shall be created a presumption that the Indemnitee Indemnified Party is entitled to such indemnification. Such presumption shall continue, and indemnification and payment shall be provided under this Agreement, unless and until such time as the Board shall reasonably determine that the Indemnitee Indemnified Party is not entitled to indemnification under this Agreement. This paragraph is procedural only and shall not affect the right of the Indemnitee Indemnified Party to indemnification under this Agreement. Any determination by the Board that the Indemnitee Indemnified Party is not entitled to indemnification under this Agreement and any failure to make any advancements or payments requested in an Indemnification Notice or otherwise shall be subject to judicial review.

Presumption of Right to Indemnification. Upon submission of an Indemnification Notice to the Corporation, the Board shall review such Notice and endeavor to determine whether the Indemnitee is entitled to indemnification under this Agreement with respect to the matters described therein. As of the Evaluation Date, unless the Board has reasonably determined that the Indemnitee is not entitled to indemnification under this Agreement with respect to the matters described in such Indemnification Notice, there shall be created a presumption that the Indemnitee is entitled to such indemnification. Such presumption shall continue, and indemnification and payment shall be provided under this Agreement, unless and until such time as the Board shall reasonably determine that the Indemnitee is not entitled to indemnification under this Agreement. This paragraph is procedural only and shall not affect the right of the Indemnitee to indemnification under this Agreement. Any determination by the Board that the Indemnitee is not entitled to indemnification under this Agreement and any failure to make any payments requested in an Indemnification Notice or otherwise shall be subject to judicial review.