Suit to Enforce Rights. Regardless of any action by the Reviewing Party, if Indemnitee has not received full indemnification within thirty (30) days after making a demand in accordance with Section 4.1 above, Indemnitee shall have the right to enforce its indemnification rights under this Agreement by commencing litigation in any court in which the Corporation has an office seeking an initial determination by the court or challenging any determination by the Reviewing Party or any aspect of the Agreement. The Corporation hereby consents to service of process and to appear in any such proceeding. Any determination by the Reviewing Party not challenged by Indemnitee shall be binding on the Corporation and Indemnitee. The remedy provided in this Section 4.2 shall be in addition to any other remedies available to Indemnitee in law or equity.
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Samples: Indemnification Agreement (Psychiatric Solutions Inc), Indemnification Agreement (Psychiatric Solutions Inc), Indemnification Agreement (Psychiatric Solutions Inc)
Suit to Enforce Rights. Regardless of any action by the Reviewing Party, if Indemnitee has not received full indemnification or advance within thirty (30) days after making a demand in accordance with Section 4.1 above5(a), Indemnitee shall have the right to enforce its indemnification rights under this Agreement by commencing litigation in any court in having subject matter jurisdiction, which the Corporation has an office seeking seeks an initial determination by the court or challenging challenges any determination by the Reviewing Party or any aspect of the Agreementthereof. The Corporation Company hereby consents to service of process and to appear in any such proceeding. Any determination by the Reviewing Party not challenged by the Indemnitee shall be binding on the Corporation Company and Indemnitee. The remedy provided for in this Section 4.2 5(b) shall be in addition to any other remedies available to Indemnitee in at law or in equity.
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Samples: Indemnification Agreement (Covenant Logistics Group, Inc.), Form of Indemnification Agreement (Covenant Transport Inc)
Suit to Enforce Rights. Regardless of any action by the Reviewing Party, if Indemnitee has not received full indemnification within thirty (30) days after making a demand in accordance with Section 4.1 above, Indemnitee shall have the right to enforce its indemnification rights under this Agreement by commencing litigation in any court jurisdiction in which the Corporation has an office seeking an initial determination by the court or challenging any determination by the Reviewing Party or any aspect of the Agreement. The Corporation hereby consents to service of process and to appear in any such proceeding. Any determination by the Reviewing Party not challenged by Indemnitee shall be binding on the Corporation and Indemnitee. The remedy provided in this Section 4.2 shall be in addition to any other remedies available to Indemnitee in law or equity.
Appears in 1 contract
Samples: Indemnification Agreement (Biomimetic Therapeutics, Inc.)
Suit to Enforce Rights. Regardless of any action by the Reviewing Party, if Indemnitee has not received full indemnification within thirty (30) days after making a demand in accordance with Section 4.1 above4(a), Indemnitee shall have the right to enforce its indemnification rights under this Agreement by commencing litigation in any court in which the Corporation has an office State of Nevadahaving subject matter jurisdiction thereof seeking an initial determination by the court or challenging any determination by the Reviewing Party or any aspect of the Agreementthereof. The Corporation Company hereby consents to service of process and to appear in any such proceeding. Any determination by the Reviewing Party not challenged by the Indemnitee shall be binding on the Corporation Company and Indemnitee. The remedy provided for in this Section 4.2 4 shall be in addition to any other remedies available to Indemnitee in at law or in equity.
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