Right of Indemnitee to Bring Suit. If a claim under Section 7.1 is not paid in full by the Company within 60 days (or, with respect to claims under Section 7.2, 20 days) after a written claim has been received by the Company, the indemnitee may at any time thereafter bring suit against the Company 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 Company to recover an advancement of expenses pursuant to the terms of an undertaking, the indemnitee, to the fullest extent permitted by law, shall be entitled to be paid also the expense of prosecuting or defending such suit. In any suit brought by the indemnitee to enforce a right to indemnification or to an advancement of expenses hereunder, the burden of proving that the indemnitee is not entitled to be indemnified, or to such advancement of expenses, under this Article VII or otherwise shall be on the Company.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (River Medical Inc), Limited Liability Company Agreement (River Medical Inc), Limited Liability Company Agreement (River Medical Inc)
