Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights. (b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee to the extent Indemnitee has actually received payment (under any insurance policy, the Regulations or otherwise) of the amounts otherwise payable hereunder.
Appears in 21 contracts
Samples: Trust Agreement (Cliffs Natural Resources Inc.), Director and Officer Indemnification Agreement (Sky Financial Group Inc), Officer Indemnification Agreement (Sky Financial Group Inc)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Regulations Certificate, the By-Laws or otherwise) of the amounts otherwise payable hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Dendrite International Inc), Indemnification Agreement (Dendrite International Inc), Indemnification Agreement (Dendrite International Inc)
Subrogation; Duplication of Payments. (a) In the event of any payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of previously vested in the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee to the extent Indemnitee has actually received payment (under any insurance policy, the Company's Regulations or otherwise) of the amounts otherwise payable hereunder.
Appears in 5 contracts
Samples: Trust Agreement (Cleveland Cliffs Inc), Indemnification Agreement (Cleveland Cliffs Inc), Indemnification Agreement (Cleveland Cliffs Inc)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against an Indemnitee to the extent that the Indemnitee has actually received payment (under any insurance policy, the Regulations or otherwise) of the amounts otherwise payable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Brush Engineered Materials Inc), Indemnification Agreement (Brush Engineered Materials Inc), Indemnification Agreement (Jo-Ann Stores Inc)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Regulations Certificate, the Bylaws or otherwise) of the amounts otherwise payable hereunder.
Appears in 3 contracts
Samples: Indemnification Agreement (Forestar Group Inc.), Indemnification Agreement (Horton D R Inc /De/), Indemnification Agreement (Horton D R Inc /De/)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Company's Regulations or otherwise) of the amounts otherwise payable hereunder.
Appears in 3 contracts
Samples: Indemnification Agreement (Caliber System Inc), Indemnification Agreement (Gorman Rupp Co), Indemnification Agreement (Caliber System Inc)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Regulations Articles, the By-Laws or otherwise) of the amounts otherwise payable hereunder.
Appears in 3 contracts
Samples: Indemnification Agreement (Michigan Consolidated Gas Co /Mi/), Indemnification Agreement (Detroit Edison Co), Indemnification Agreement (Detroit Edison Co)
Subrogation; Duplication of Payments. (a) In the event of any payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of previously vested in the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee to the extent Indemnitee has actually received payment (under any insurance policy, the Company’s Regulations or otherwise) of the amounts otherwise payable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Cliffs Natural Resources Inc.), Trust Agreement (Cliffs Natural Resources Inc.)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall will be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall will not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Regulations Company’s By-Laws any other provision of this Agreement, or otherwise) of the amounts otherwise payable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Invizyne Technologies Inc), Indemnification Agreement (Pulse Biosciences, Inc.)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall will be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall will not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Regulations Company’s Articles and Memorandum, any other provision of this Agreement, or otherwise) of the amounts otherwise payable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (TC BioPharm (Holdings) PLC), Indemnification Agreement (TC BioPharm (Holdings) PLC)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Regulations Charter, the By-Laws or otherwise) of the amounts otherwise payable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Omtool LTD), Indemnification Agreement (Omtool LTD)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers documents required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Regulations Charter Documents or otherwise) of the amounts otherwise payable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Amag Pharmaceuticals Inc.), Indemnification Agreement (Advanced Magnetics Inc)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Company’s Regulations or otherwise) of the amounts otherwise payable hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Gorman Rupp Co), Indemnification Agreement (Gorman Rupp Co)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, Agreement the Company shall be subrogated to the extent of such payment to all of the rights of recovery of Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee to the extent Indemnitee has actually received payment (under any insurance policy, the Company's Regulations or otherwise) of the amounts otherwise payable hereunder.
Appears in 1 contract
Samples: Director Indemnification Agreement (National Processing Inc)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Regulations Certificate, the Bylaws or otherwise) of the amounts otherwise payable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Affiliated Computer Services Inc)
Subrogation; Duplication of Payments. (a) In the event of ------------------------------------ payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Regulations Certificate, the By-Laws or otherwise) of the amounts otherwise payable hereunder.
Appears in 1 contract
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee to the extent Indemnitee has actually received payment (under any insurance policy, the Company's Regulations or otherwise) of the amounts otherwise payable hereunder.
Appears in 1 contract
Subrogation; Duplication of Payments. (a) In the event of payment to ------------------------------------ the Indemnitee under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Regulations Certificate, the Bylaws or otherwise) of the amounts otherwise payable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Rightnow Technologies Inc)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall Corporation will be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company Corporation effectively to bring suit to enforce such rights.
(b) The Company shall Corporation will not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Corporation's Regulations any other provision of this Agreement, or otherwise) of the amounts otherwise payable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Conley Canitano & Associates Inc)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be he subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any my insurance policy, the Regulations Certificate, the By-Laws or otherwise) of the amounts otherwise payable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Dendrite International Inc)
Subrogation; Duplication of Payments. (a) In the event of any payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Regulations Certificate, the Bylaws or otherwise) of the amounts otherwise payable hereunder.
Appears in 1 contract
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has actually received payment (under any insurance policy, the Regulations Certificate, the By-Laws, or otherwise) of the amounts otherwise payable hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Dendrite International Inc)
Subrogation; Duplication of Payments. (a) In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of the Indemnitee, who shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.
(b) The Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent thc Indemnitee has actually received payment (under any insurance policy, the Regulations Certificate, the By-Laws or otherwise) of the amounts otherwise payable hereunder. 6.
Appears in 1 contract
Samples: Indemnification Agreement (Dendrite International Inc)
