Right of Indemnitee to Bring Suit. a) If there has been no determination by the Reviewing Party or if the Reviewing Party determines that the Indemnitee substantively would not be permitted to be indemnified in whole or in part under applicable law, the Indemnitee shall have the right to bring suit seeking an initial determination by the court or challenging any such determination by the Reviewing Party or any aspect thereof (and the Indemnitee shall be entitled to any presumption specified in Section 8 hereof), and the Company hereby consents to service of process and to appear in any such proceeding. Any determination by the Reviewing Party otherwise shall be conclusive and binding on the Company and the Indemnitee.
Appears in 12 contracts
Samples: Employment Agreement (Anavex Life Sciences Corp.), Employment Agreement (Anavex Life Sciences Corp.), Indemnification Agreement (Anavex Life Sciences Corp.)
