Common use of Success on the Merits Clause in Contracts

Success on the Merits. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Section 3(a) of this Agreement or in 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 (Dexcom Inc), Indemnification Agreement (Dexcom Inc), Indemnification Agreement (Symantec Corp)

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Success on the Merits. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any Proceeding proceeding referred to in Section 3(a) 4.1 or 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against Expenses expenses and liabilities actually and reasonably incurred by him or her in connection therewithwith such proceeding (including, without limitation, the investigation, defense or appeal of such proceeding).

Appears in 1 contract

Samples: Indemnification Agreement (Alliance Semiconductor Corp/De/)

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Success on the Merits. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Section 3(a) or 3(b) of this Agreement or in 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 1 contract

Samples: Indemnification Agreement (Symantec Corp)

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