Standard of Review. In the event that a determination shall have been made pursuant to Section 5 of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding commenced pursuant to this Section 7 shall be conducted in all respects as a de novo review on the merits, and Indemnitee shall not be prejudiced by reason of that adverse determination under Section 5 of this Agreement.
Appears in 7 contracts
Samples: Indemnification Agreement (Worthington Enterprises, Inc.), Indemnification Agreement (Worthington Enterprises, Inc.), Indemnification Agreement (Worthington Steel, Inc.)
Standard of Review. In the event that a determination shall have been made pursuant to Section 5 of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding commenced pursuant to this Section 7 shall be conducted in all respects as a de novo review on the merits, merits and Indemnitee shall not be prejudiced by reason of that adverse determination under Section 5 of this Agreement5.
Appears in 6 contracts
Samples: Indemnification Agreement (Wendys International Inc), Indemnification Agreement (Tim Hortons Inc.), Indemnification Agreement (Tim Hortons Inc.)
Standard of Review. In the event that a determination shall have been made pursuant to Section 5 5.3 of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding commenced pursuant to this Section 7 shall be conducted in all respects as a de novo review on the merits, and Indemnitee shall not be prejudiced by reason of that adverse determination under Section 5 of this Agreement5.3.
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