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

Right of Indemnitee to Bring Suit. If a claim under Sections 1 and 3 of this Article IX is not paid in full by the Corporation within 60 days after a written claim has been received by the Corporation, except in the case of a claim for an advancement of expenses, in which case the applicable period shall be 20 days, the indemnitee may at any time thereafter bring suit against the Corporation 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 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 Corporation), and thereafter the 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 Sections 1 and 3 Section 2 or 4 of this Article IX VIII is not paid in full by the Corporation Bank within 60 days after a written claim has been received by the CorporationBank, except in the case of a claim for an advancement of expenses, in which case the applicable period shall be 20 30 days, the indemnitee may at any time thereafter bring suit against the Corporation Bank 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 Corporation 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 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 Corporation), Bank) and thereafter the Corporation 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 Sections 1 and 3 subsection 10.1 or 10.3 of this Article IX Section is not paid in full by the Corporation corporation within 60 days after a written claim has been received by the Corporationcorporation, except in the case of a claim for an advancement of expenses, in which case the applicable period shall be 20 days, the indemnitee may at any time thereafter bring suit against the Corporation corporation 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 Corporation 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 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 Corporation), corporation) and thereafter the Corporation 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 Sections 1 and 3 2 of this Article IX is not paid in full by the Corporation within 60 days after a written claim has been received by the Corporation, except in the case of a claim for an advancement of expenses, in which case the applicable period shall be 20 days, the indemnitee may at any time thereafter bring suit against the Corporation 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 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 4 of this Article IX 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 the required undertaking has been tendered to under this Article IX or otherwise shall be on the Corporation), and thereafter the Corporation shall have the burden of proof to overcome the presumption that the indemnitee is so entitled.