Examples of Secondary Indemnitor in a sentence
To the extent not in contravention of any insurance policy or policies providing liability or other insurance for the Company or any director, trustee, general partner, managing member, officer, employee, agent or fiduciary of the Company or any other Enterprise, the Company waives any right of contribution or subrogation against the Secondary Indemnitor with respect to the liabilities for which the Company is primarily responsible under this Section 15.
Except as set forth in Section 4.2 above, the Company shall not be liable under this Agreement to make any payment in connection with any Indemnifiable Event to the extent Indemnitee has otherwise actually received payment under any insurance policy, from a Secondary Indemnitor or otherwise (without any obligation of Indemnitee to repay any such amount) of the amounts otherwise indemnifiable hereunder.
No advancement or payment by the Secondary Indemnitor to or on behalf of a Stockholder Indemnified Party with respect to any claim for which the Stockholder Indemnified Party has sought indemnification from the Company shall affect the foregoing and the Secondary Indemnitor shall, to the extent of such advancement or payment, have a right of contribution from the Company and/or a right of subrogation to all rights of recovery of the Stockholder Indemnified Party against the Company.
Any amounts paid to Indemnitee under such insurance policy, from a Secondary Indemnitor or otherwise after the Company has indemnified Indemnitee for such liability or Expense shall be repaid to the Company promptly upon receipt by Indemnitee, in accordance with the terms set forth in Section 3.2.
Each Secondary Indemnitor shall be an express third party beneficiary of this Section 7.4.
The Secondary Indemnitor are is an express third-party beneficiary of the terms of this Section 15.
The Company agrees that, as between the Company and the Secondary Indemnitor, the Company is primarily responsible for amounts required to be indemnified or advanced under the Company’s certificate of incorporation or bylaws or this Agreement and any obligation of the Secondary Indemnitors to provide indemnification or advancement for the same amounts is secondary to those Company obligations.