Common use of Presumptions Clause in Contracts

Presumptions. (A) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors shall have the burden of proof to overcome such presumption.

Appears in 51 contracts

Samples: Indemnification Agreement (CubeSmart, L.P.), Indemnification Agreement (Kite Realty Group, L.P.), Indemnification Agreement (Kite Realty Group, L.P.)

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Presumptions. (A) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors Indemnitor shall have the burden of proof to overcome such presumption.

Appears in 41 contracts

Samples: Indemnification Agreement (Walker & Dunlop, Inc.), Indemnification Agreement (Walker & Dunlop, Inc.), Indemnification Agreement (Colony Financial, Inc.)

Presumptions. (A) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors Company shall have the burden of proof to overcome such presumption.

Appears in 24 contracts

Samples: Indemnification Agreement (Hines Real Estate Investment Trust Inc), Indemnification Agreement (Hines Real Estate Investment Trust Inc), Indemnification Agreement (Hines Real Estate Investment Trust Inc)

Presumptions. (Aa) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors Indemnitor shall have the burden of proof to overcome such presumption.

Appears in 18 contracts

Samples: Form of Indemnification Agreement (Sky Harbour Group Corp), Form of Indemnification Agreement (Freehold Properties, Inc.), Indemnification Agreement (Farmland Partners Inc.)

Presumptions. (A) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors Company shall have the burden of proof to overcome such presumption.

Appears in 5 contracts

Samples: Indemnification Agreement (American Community Properties Trust), Indemnification Agreement (American Community Properties Trust), Indemnification Agreement (American Community Properties Trust)

Presumptions. (A) In a)In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors Indemnitor shall have the burden of proof to overcome such presumption.

Appears in 4 contracts

Samples: Indemnification Agreement (Farmland Partners Inc.), Indemnification Agreement (Farmland Partners Inc.), Indemnification Agreement (Farmland Partners Inc.)

Presumptions. (A) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors EOP shall have the burden of proof to overcome such presumption.

Appears in 3 contracts

Samples: Indemnification Agreement (Equity Office Properties Trust), Indemnification Agreement (Equity Office Properties Trust), Indemnification Agreement (Equity Office Properties Trust)

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Presumptions. (A) In making a determination with respect to entitlement or authorization of indemnification hereunderDetermination, the person or entity making such determination Determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors Indemnitor shall have the burden of proof to overcome such presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (American Homes 4 Rent, L.P.), Indemnification Agreement (Net Lease Office Properties)

Presumptions. (Aa) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors GLCA shall have the burden of proof to overcome such presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Great Lakes Capital Acceptance LLC)

Presumptions. (A) In A)In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors shall have the burden of proof to overcome such presumption.

Appears in 1 contract

Samples: Indemnification Agreement (CubeSmart, L.P.)

Presumptions. (A) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors Presidio shall have the burden of proof to overcome such presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Presidio Golf Trust)

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