Common use of Right of Indemnitee to Bring Suit Clause in Contracts

Right of Indemnitee to Bring Suit. If a claim under Section 2 or 4 of this Article VIII is not paid in full by the Bank within 60 days after a written claim has been received by the Bank, except in the case of a claim for an advancement of expenses, in which case the applicable period shall be 30 days, the indemnitee may at any time thereafter bring suit against the Bank to recover the unpaid amount of the claim. If successful, in whole or in part, in any such suit or in a suit brought by the Bank to recover an advancement of expenses pursuant to the terms of an undertaking, the indemnitee shall be entitled to be paid also the expense of litigating the suit. The indemnitee shall be presumed to be entitled to indemnification under this Section upon submission of a written claim (and, in an action brought to enforce a claim for an advancement of expenses, when the required undertaking has been tendered to the Bank) and thereafter the Bank shall have the burden of proof to overcome the presumption that the indemnitee is so entitled.

Right of Indemnitee to Bring Suit. If a claim under Section 2 or 4 Sections 1 and 3 of this Article VIII IX is not paid in full by the Bank Corporation within 60 days after a written claim has been received by the BankCorporation, except in the case of a claim for an advancement of expenses, in which case the applicable period shall be 30 20 days, the indemnitee may at any time thereafter bring suit against the Bank Corporation to recover the unpaid amount of the claim. If successful, successful in whole or in part, in any such suit or in a suit brought by the Bank Corporation to recover an advancement of expenses pursuant to the terms of an undertaking, the indemnitee shall be entitled to be paid also the expense of litigating the suit. The indemnitee shall be presumed to be entitled to indemnification under this Section 4 of this Article IX upon submission of a written claim (and, in an action brought to enforce a claim for an advancement of expenses, when the required undertaking has been tendered to the Bank) Corporation), and thereafter the Bank Corporation shall have the burden of proof to overcome the presumption that the indemnitee is so entitled.

Right of Indemnitee to Bring Suit. If a claim under Section 2 subsection 10.1 or 4 10.3 of this Article VIII Section is not paid in full by the Bank corporation within 60 days after a written claim has been received by the Bankcorporation, except in the case of a claim for an advancement of expenses, in which case the applicable period shall be 30 20 days, the indemnitee may at any time thereafter bring suit against the Bank corporation to recover the unpaid amount of the claim. If successful, successful in whole or in part, in any such suit or in a suit brought by the Bank corporation to recover an advancement of expenses pursuant to the terms of an the undertaking, the indemnitee shall be entitled to be paid also the expense of litigating the such suit. The indemnitee shall be presumed to be entitled to indemnification under this Section upon submission of a written claim (and, in an action brought to enforce a claim for an advancement of expenses, when the required undertaking has been tendered to the Bankcorporation) and thereafter the Bank corporation shall have the burden of proof to overcome the presumption that the indemnitee is so entitled.

Right of Indemnitee to Bring Suit. If a claim under Section Sections 1 and 2 or 4 of this Article VIII IX is not paid in full by the Bank Corporation within 60 days after a written claim has been received by the BankCorporation, except in the case of a claim for an advancement of expenses, in which case the applicable period shall be 30 20 days, the indemnitee may at any time thereafter bring suit against the Bank Corporation to recover the unpaid amount of the claim. If successful, successful in whole or in part, in any such suit or in a suit brought by the Bank Corporation to recover an advancement of expenses pursuant to the terms of an undertaking, the indemnitee shall be entitled to be paid also the expense of litigating the suit. The In any suit brought by the indemnitee shall be presumed to be entitled to indemnification under this Section upon submission of a written claim (and, in an action brought to enforce a claim for right to indemnification or to an advancement of expenses hereunder, or brought by the Corporation to recover an advancement of expenses pursuant to the terms of an undertaking, the burden of proving that the indemnitee is not entitled to be indemnified, or to such advancement of expenses, when under this Article IX or otherwise shall be on the required undertaking has been tendered to the Bank) and thereafter the Bank shall have the burden of proof to overcome the presumption that the indemnitee is so entitledCorporation.