Common use of Remedies of the Indemnitee Clause in Contracts

Remedies of the Indemnitee. (a) If a determination is made that the Indemnitee is not entitled to indemnification or advancement of Expenses under this Article V, (i) the Indemnitee shall be entitled to seek an adjudication of entitlement to such indemnification or advancement of Expenses either, at the Indemnitee’s sole option, (A) in an appropriate court of the State of Delaware or any other court of competent jurisdiction or (B) in an arbitration to be conducted by a single arbitrator pursuant to the rules of the American Arbitration Association, (ii) any such judicial proceeding or arbitration shall be de novo and the Indemnitee shall not be prejudiced by reason of such adverse determination, and (iii) in any such judicial proceeding or arbitration, the Corporation shall have the burden of proving by clear and convincing evidence that the Indemnitee is not entitled to indemnification or advancement of Expenses under this Article V.

Remedies of the Indemnitee. (ai) If a determination is made that the Indemnitee is not entitled to indemnification or advancement of Expenses under this Article V, ARTICLE EIGHT: (ia) the Indemnitee shall be entitled to seek an adjudication of entitlement to such indemnification or advancement of Expenses either, at the Indemnitee’s sole option, (A1) in an appropriate court of the State of Delaware or any other court of competent jurisdiction or (B2) in an arbitration to be conducted by a single arbitrator pursuant to the rules of the American Arbitration Association, ; (iib) any such judicial proceeding or arbitration shall be de novo and the Indemnitee shall not be prejudiced by reason of such adverse determination, ; and (iiic) in any such judicial proceeding or arbitration, the Corporation shall have the burden of proving by clear and convincing evidence that the Indemnitee is not entitled to indemnification or advancement of Expenses under this Article V.ARTICLE EIGHT.

Remedies of the Indemnitee. (a) If a determination is made that the Indemnitee is not entitled to indemnification or advancement of Expenses under this Article VVI, (i) the Indemnitee shall be entitled to seek an adjudication of entitlement to such indemnification or advancement of Expenses either, at the Indemnitee’s sole option, (A) in an appropriate court of the State of Delaware or any other court of competent jurisdiction or (B) in an arbitration to be conducted by a single arbitrator pursuant to the rules of the American Arbitration Association, (ii) any such judicial proceeding or arbitration shall be de novo and the Indemnitee shall not be prejudiced by reason of such adverse determination, and (iii) in any such judicial proceeding or arbitration, the Corporation corporation shall have the burden of proving by clear and convincing evidence that the Indemnitee is not entitled to indemnification or advancement of Expenses under this Article V.VI.

Remedies of the Indemnitee. (ai) If a determination is made that the Indemnitee is not entitled to indemnification or advancement of Expenses under this Article VVII, (ia) the Indemnitee shall be entitled to seek an adjudication of entitlement to such indemnification or advancement of Expenses either, at the Indemnitee’s sole option, (A1) in an appropriate court of the State of Delaware or any other court of competent jurisdiction or (B2) in an arbitration to be conducted by a single arbitrator pursuant to the rules of the American Arbitration Association, (iib) any such judicial proceeding or arbitration shall be de novo and the Indemnitee shall not be prejudiced by reason of such adverse determination, and (iiic) in any such judicial proceeding or arbitration, the Corporation shall have the burden of proving by clear and convincing evidence that the Indemnitee is not entitled to indemnification or advancement of Expenses under this Article V.VII.