Prior Payments. Any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.
Appears in 41 contracts
Samples: Indemnity Agreement (Tesseract Collective, Inc.), Indemnification Agreement (Talis Biomedical Corp), Indemnification Agreement (Talis Biomedical Corp)
Prior Payments. Any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.on
Appears in 10 contracts
Samples: Indemnity Agreement (Janux Therapeutics, Inc.), Indemnity Agreement (Design Therapeutics, Inc.), Indemnification Agreement (Longboard Pharmaceuticals, Inc.)
Prior Payments. Any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect except with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.
Appears in 8 contracts
Samples: Indemnification Agreement (Kintara Therapeutics, Inc.), Indemnity Agreement (Iris Parent Holding Corp.), Business Combination Agreement (Phoenix Biotech Acquisition Corp.)
Prior Payments. Any provision herein to the contrary notwithstanding, the The Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect except to the extent made by Indemnitee’s Affiliate Director (as defined below), if applicable, as provided in Section 13 and except with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.
Appears in 5 contracts
Samples: Indemnity Agreement (Complete Solaria, Inc.), Indemnification Agreement (AN2 Therapeutics, Inc.), Indemnification Agreement (Enovix Corp)
Prior Payments. Any provision herein to the contrary notwithstanding, the The Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect except to the extent made by [insert name] as provided in Section 13 and except with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.
Appears in 4 contracts
Samples: Indemnity Agreement (Origin Materials, Inc.), Indemnification Agreement (NeuroPace Inc), Indemnity Agreement (ACE Convergence Acquisition Corp.)
Prior Payments. Any provision herein to the contrary notwithstanding, the The Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect except to the extent made by the Associated Party (as defined below) as provided in Section 13 and except with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.
Appears in 4 contracts
Samples: Indemnification Agreement (Surrozen, Inc./De), Indemnity Agreement (Cytek BioSciences, Inc.), Indemnification Agreement (Rani Therapeutics Holdings, Inc.)
Prior Payments. Any provision herein to the contrary notwithstandingnotwithstanding except subject to Section 13, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.
Appears in 1 contract
Samples: Indemnification Agreement (Alto Neuroscience, Inc.)
Prior Payments. Any Except as provided in Section 13, any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.other
Appears in 1 contract
Prior Payments. Any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy procured by the Company or other indemnity provision, expect with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.
Appears in 1 contract
Prior Payments. Any Except as provided in Section 13, any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.
Appears in 1 contract
