Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement.
Appears in 19 contracts
Samples: Indemnification Agreement (Colgate Palmolive Co), Indemnification Agreement (Colgate Palmolive Co), Indemnification Agreement (Transwitch Corp /De)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 9 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all of the provisions of this Agreement.
Appears in 13 contracts
Samples: Indemnification Agreement (Sucampo Pharmaceuticals, Inc.), Indemnification Agreement (Sucampo Pharmaceuticals, Inc.), Indemnification Agreement (Sucampo Pharmaceuticals, Inc.)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Agreement that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement. If a determination is made that the Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration.
Appears in 6 contracts
Samples: Indemnification Agreement (Rayonier Inc), Indemnification Agreement (Rayonier Inc), Indemnification Agreement (Rayonier Advanced Materials Inc.)
Procedures Valid. The Company shall be is precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 8 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall must stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement.
Appears in 5 contracts
Samples: Indemnification Agreement (Rdo Equipment Co), Indemnification Agreement (Troy Group Inc), Indemnification Agreement (Rdo Equipment Co)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 8 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all of the provisions of this Agreement.
Appears in 4 contracts
Samples: Indemnification Agreement (Restore Medical, Inc.), Indemnification Agreement (EnteroMedics Inc), Indemnification Agreement (SoftBrands, Inc.)
Procedures Valid. The Company Corporation shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company Corporation is bound by all the provisions of this Agreement.
Appears in 4 contracts
Samples: Indemnification Agreement (Ayurcore Inc), Indemnification Agreement (International Sports Wagering Inc), Indemnification Agreement (Bitstream Inc)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court Court or before any such arbitrator that the Company is bound by all the provisions of this Agreement.
Appears in 4 contracts
Samples: Indemnification Agreement (Natural Health Trends Corp), Indemnification Agreement (Sinohub, Inc.), Indemnification Agreement (Connected Corp)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 7.5 that the procedures and presumptions of this Agreement Sections 7.3 and 7.4 are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator arbitrators that the Company is bound by all the provisions of this Agreement.
Appears in 3 contracts
Samples: Executive Employment Agreement (Nabors Industries LTD), Executive Employment Agreement (Nabors Industries LTD), Executive Employment Agreement (Nabors Industries LTD)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 4 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is contractually bound by all the provisions of this Agreement.
Appears in 3 contracts
Samples: Indemnification Agreement (Scotts Liquid Gold Inc), Indemnification Agreement (Scotts Liquid Gold Inc), Indemnification Agreement (Scotts Liquid Gold Inc)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 9 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreementenforceable.
Appears in 2 contracts
Samples: Indemnification Agreement (Flowserve Corp), Employment Agreement (Flowserve Corp)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII ARTICLE VII that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
Procedures Valid. The Company shall be precluded from asserting in ---------------- any judicial proceeding or arbitration commenced pursuant to this Article VIII that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
Procedures Valid. The Company shall be is precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 8 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall must stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement.. (f)
Appears in 1 contract
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 8 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
