Common use of Success on the Merits Clause in Contracts

Success on the Merits. To the extent that the Indemnitee has been successful on the merits or otherwise (including, without limitation, dismissal or withdrawal of a Claim with or without prejudice) in defence of any Claim or in defence of any claim, issue or matter therein, the Company shall indemnify the Indemnitee against Expenses in connection therewith.

Appears in 8 contracts

Samples: Indemnification Agreement (Bitzio, Inc.), Indemnification Agreement (Bitzio, Inc.), Indemnification Agreement (Bitzio, Inc.)

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Success on the Merits. To the extent that the Indemnitee has been successful on the merits or otherwise (including, without limitation, dismissal or withdrawal of a Claim with or without prejudice) in defence defense of any Claim or in defence defense of any claim, issue or matter therein, the Company shall indemnify the Indemnitee against Expenses in connection therewithwith such Claim to the fullest extent permitted by applicable law.

Appears in 3 contracts

Samples: Indemnification Agreement (Liveperson Inc), Indemnification Agreement (Town Sports International Holdings Inc), Indemnification Agreement (Sybari Software, Inc.)

Success on the Merits. To the extent that the Indemnitee has been successful on the merits or otherwise (including, without limitation, dismissal or withdrawal of a Claim with or without prejudice) in defence defense of any Claim Proceeding referred to in Section 3(a) or 3(b) of this Indemnification Agreement or in defence the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against Expenses actually and reasonably incurred by him or her in connection therewith.

Appears in 3 contracts

Samples: Indemnification Agreement (Collegiate Pacific Inc), Indemnification Agreement (Collegiate Pacific Inc), Indemnification Agreement (Sport Supply Group, Inc.)

Success on the Merits. To the extent that the Indemnitee has been successful on the merits or otherwise (including, without limitation, dismissal or withdrawal of a Claim with or without prejudice) in defence of any Claim or in defence of any claim, issue or matter therein, the Company shall indemnify the Indemnitee against Expenses in connection therewith.. Bitzio Indemnification Agreement: 17-8-11

Appears in 3 contracts

Samples: Indemnification Agreement (Bitzio, Inc.), Indemnification Agreement (Bitzio, Inc.), Indemnification Agreement (Bitzio, Inc.)

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Success on the Merits. To the extent that the Indemnitee has been successful on the merits or otherwise (including, without limitation, dismissal or withdrawal of a Claim with or without prejudice) in defence defense of any Claim or in defence defense of any claim, issue or matter therein, the Company shall indemnify the Indemnitee against Expenses in connection therewithwith such Claim.

Appears in 1 contract

Samples: Indemnification Agreement (Precise Software Solutions LTD)

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