Common use of Presumptions and Effect of Certain Proceedings; Construction of Certain Phrases Clause in Contracts

Presumptions and Effect of Certain Proceedings; Construction of Certain Phrases. (a) In making a determination with respect to whether the Indemnitee is entitled to indemnification hereunder, the Reviewing Party making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 8(a) of this Agreement, and anyone seeking to overcome this presumption shall have the burden of proof and the burden of persuasion, by clear and convincing evidence.

Presumptions and Effect of Certain Proceedings; Construction of Certain Phrases. (a) In making a determination with respect to whether the Indemnitee is entitled to indemnification hereunder, the Reviewing Party Person(s) making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 8(a) of this Agreement, and anyone seeking to overcome this presumption shall have the burden of proof and the burden of persuasion, by clear and convincing evidence.

Presumptions and Effect of Certain Proceedings; Construction of Certain Phrases. (a) In making a determination with respect to whether the Indemnitee is entitled to indemnification hereunder, the Reviewing Party reviewing party making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 8(a) of this Agreement, and anyone seeking to overcome this presumption shall have the burden of proof and the burden of persuasion, by clear and convincing evidence.

Presumptions and Effect of Certain Proceedings; Construction of Certain Phrases. (a) In making a determination with respect to whether the Indemnitee is entitled to indemnification hereunder, the Reviewing Party Person or Persons making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 8(a) of this Agreement, and anyone seeking to overcome this presumption shall have the burden of proof and the burden of persuasion, by clear and convincing evidencepersuasion to overcome that presumption.

Presumptions and Effect of Certain Proceedings; Construction of Certain Phrases. (a) In making a determination with respect to whether the Indemnitee is entitled to indemnification hereunder, the Reviewing Party Person making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 8(a) of this Agreement, and anyone seeking to overcome this presumption shall have the burden of proof and the burden of persuasion, by clear and convincing evidence.

Presumptions and Effect of Certain Proceedings; Construction of Certain Phrases. (a) In making a any determination with respect concerning Indemnitee’s right to whether the Indemnitee is entitled to indemnification hereunderindemnification, the Reviewing Party person making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 8(a5(a) of this Agreementabove, and anyone seeking to overcome this presumption shall have the burden of proof and the burden of persuasion, by clear and convincing evidence.

Presumptions and Effect of Certain Proceedings; Construction of Certain Phrases. (a) In making a determination with respect to whether the Indemnitee is entitled to indemnification hereunder, the Reviewing Party Person or Persons making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 8(a) of this Agreement, and anyone seeking to overcome this presumption shall have the burden of proof and the burden of persuasion, by clear and convincing evidenceto overcome that presumption.

Presumptions and Effect of Certain Proceedings; Construction of Certain Phrases. (a) In making a determination with respect to whether the Indemnitee is entitled to indemnification hereunder, the Reviewing Party Person making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 8(a7(a) of this Agreement, and anyone seeking to overcome this presumption shall have the burden of proof and the burden of persuasion, by clear and convincing evidence.

Presumptions and Effect of Certain Proceedings; Construction of Certain Phrases. (a) In making a determination with respect to whether the Indemnitee is entitled to indemnification hereunder, the Reviewing Party Person(s) making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 8(a9(a) of this Agreement, and anyone seeking to overcome this presumption shall have the burden of proof and the burden of persuasion, by clear and convincing evidenceproof.

Presumptions and Effect of Certain Proceedings; Construction of Certain Phrases. (a) In making a determination with respect to whether the Indemnitee is entitled to indemnification hereunder, the Reviewing Party making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 8(a) of this Agreement, and anyone seeking to overcome this presumption shall have the burden of proof and the burden of persuasion, by clear and convincing evidence.

Presumptions and Effect of Certain Proceedings; Construction of Certain Phrases. (a) In Without prejudice to Section 11 below, in making a determination with respect to whether the Indemnitee is entitled to indemnification hereunder, the Reviewing Party Person(s) making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement Deed if the Indemnitee has submitted a request for indemnification in accordance with Section 8(a7(a) of this AgreementDeed, and anyone seeking to overcome this presumption shall have the burden of proof and the burden of persuasion, by clear and convincing evidenceproof.

Presumptions and Effect of Certain Proceedings; Construction of Certain Phrases. (a) In making a determination with respect to whether the Indemnitee is entitled to indemnification hereunder, the Reviewing Party party making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 8(a) of this Agreement, and anyone seeking to overcome this presumption shall have the burden of proof and the burden of persuasion, by clear and convincing evidence.

Presumptions and Effect of Certain Proceedings; Construction of Certain Phrases. (a) In making a determination with respect to whether the Indemnitee is entitled to indemnification hereunderunder this Agreement, the Reviewing Party Person(s) making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 8(a7(a) of this Agreement, and anyone seeking to overcome this presumption shall have the burden of proof and the burden of persuasion, by clear and convincing evidence.