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. (B) The termination of any Proceeding by conviction, or upon a plea of nolo contendere or its equivalent, or an entry of an order of probation prior to judgment, creates a rebuttable presumption that the Indemnitee did not meet the requisite standard of conduct described herein for indemnification.

Appears in 52 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. (B) The termination of any Proceeding by conviction, or upon a plea of nolo contendere or its equivalent, or an entry of an order of probation prior to judgment, creates a rebuttable presumption that the Indemnitee did not meet the requisite standard of conduct described herein for indemnification.

Appears in 43 contracts

Samples: Indemnification Agreement (Walker & Dunlop, Inc.), Indemnification Agreement (Walker & Dunlop, Inc.), Indemnification Agreement (Walker & Dunlop, 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. (Bb) The termination of any Proceeding by conviction, or upon a plea of nolo contendere or its equivalent, or an entry of an order of probation prior to judgment, creates a rebuttable presumption that the Indemnitee did not meet the requisite standard of conduct described herein for indemnification.

Appears in 21 contracts

Samples: Indemnification Agreement (Sky Harbour Group Corp), 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. (B) The termination of any Proceeding by conviction, or upon a plea of nolo contendere or its equivalent, or an entry of an order of probation prior to judgment, creates a rebuttable presumption that the Indemnitee did not meet the requisite standard of conduct described herein for indemnification.

Appears in 5 contracts

Samples: Indemnification Agreement (Washington Real Estate Investment Trust), Indemnification Agreement (American Community Properties Trust), Indemnification Agreement (American Community Properties Trust)

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.. ​ (Bb) The termination of any Proceeding by conviction, or upon a plea of nolo contendere or its equivalent, or an entry of an order of probation prior to judgment, creates a rebuttable presumption that the Indemnitee did not meet the requisite standard of conduct described herein for indemnification.

Appears in 4 contracts

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

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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.. ​ (B) The termination of any Proceeding by conviction, or upon a plea of nolo contendere or its equivalent, or an entry of an order of probation prior to judgment, creates a rebuttable presumption that the Indemnitee did not meet the requisite standard of conduct described herein for indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Walker & Dunlop, 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 Indemnitor shall have the burden of proof to overcome such presumption.. ​ (B) The termination of any Proceeding by conviction, or upon a plea of nolo contendere or its equivalent, or an entry of an order of probation prior to judgment, creates a rebuttable presumption that the Indemnitee did not meet the requisite standard of conduct described herein for indemnification.. ​

Appears in 1 contract

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

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