Common use of Proceeding Other Than a Proceeding by or in the Right of the Company Clause in Contracts

Proceeding Other Than a Proceeding by or in the Right of the Company. If the Indemnitee was or is a party or is threatened to be made a party to any Proceeding (whether the Indemnitee is or becomes a party, a witness or otherwise is a participant in any role) (other than a Proceeding by or in the right of the Company) by reason of his Corporate Status, or by reason of alleged action or inaction by him in any such capacity, the Company shall, subject to the limitations set forth in Section 4.3 below, hold harmless and indemnify him against any and all Expenses and Liabilities actually and reasonably incurred by or for the Indemnitee in connection with the Proceeding if the act(s) or omission(s) of the Indemnitee giving rise thereto were Good Faith Act(s) or Omission(s).

Appears in 2 contracts

Samples: Indemnification Agreement (Industrial Income Trust Inc.), Indemnification Agreement (Income Property Trust of the Americas Inc.)

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Proceeding Other Than a Proceeding by or in the Right of the Company. If the Indemnitee was was, is, or is becomes a party to, or witness or other participant in, or is threatened to be made a party to to, or witness or other participant in, any Proceeding (whether the Indemnitee is or becomes a party, a witness or otherwise is a participant in any role) (other than a Proceeding by or in the right of the Company) by reason of of, or in connection with, his Corporate Status, or by reason of alleged action or inaction by him in any such capacity, the Company shall, subject to the limitations set forth in Section 4.3 4.6 below, hold harmless and indemnify him Indemnitee against any and all Expenses and Liabilities actually and reasonably incurred by or for the Indemnitee in connection with the Proceeding if the unless it is established pursuant to this Agreement that act(s) or omission(s) of the Indemnitee giving rise thereto were not Good Faith Act(s) or Omission(s).

Appears in 2 contracts

Samples: Employment Agreement (Vitacost.com, Inc.), Indemnification Agreement (Vitacost.com, Inc.)

Proceeding Other Than a Proceeding by or in the Right of the Company. If the Indemnitee was or is a party or is threatened to be made a party to any Proceeding (whether the Indemnitee is or becomes a party, a witness or otherwise is a participant in any role) (other than a Proceeding by or in the right of the Company) by reason of his Corporate Status, or by reason of alleged action or inaction by him in any such capacity, the Company shall, subject to the limitations set forth in Section 4.3 below, hold harmless and indemnify him against any and all Expenses and Liabilities actually and reasonably incurred by or for the Indemnitee in connection with the Proceeding if the act(s) or omission(scomission(s) of the Indemnitee giving rise thereto were Good Faith Act(s) or Omission(s).

Appears in 1 contract

Samples: Indemnification Agreement (Dividend Capital Total Realty Trust Inc.)

Proceeding Other Than a Proceeding by or in the Right of the Company. If the Indemnitee was or is a party or is threatened to be made a party to any Proceeding (whether the Indemnitee is or becomes a party, a witness or otherwise is a participant in any role) (other than a Proceeding by or in the right of the Company) by reason of his Corporate Status, or by reason of alleged action or inaction by him in any such capacity, the Company shall, subject to the limitations set forth in Section 4.3 IV.F. below, hold harmless and indemnify him against any and all Expenses and Liabilities actually and reasonably incurred by or for the Indemnitee in connection with the Proceeding if the act(s) or omission(s) of the Indemnitee giving rise thereto were Good Faith Act(s) or Omission(s).

Appears in 1 contract

Samples: Indemnification Agreement (CNL Income Properties Inc)

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Proceeding Other Than a Proceeding by or in the Right of the Company. If the Indemnitee was was, is, or is becomes a party to, or witness or other participant in, or is threatened to be made a party to to, or witness or other participant in, any Proceeding (whether the Indemnitee is or becomes a party, a witness or otherwise is a participant in any role) (other than a Proceeding by or in the right of the Company) by reason of of, or in connection with, his Corporate Status, or by reason of alleged action or inaction by him in any such capacity, the Company shall, subject to the limitations set forth in Section 4.3 4.6 below, hold harmless and indemnify him Indemnitee against any and all Expenses and Liabilities actually and reasonably incurred by or for the Indemnitee in connection with the Proceeding if the unless it is established pursuant to this Agreement that act(s) or omission(s) of the Indemnitee giving rise thereto were not Good Faith Act(s) or Omission(s).

Appears in 1 contract

Samples: Indemnification Agreement (Capital Growth Systems Inc /Fl/)

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