Common use of Action by Indemnitee Clause in Contracts

Action by Indemnitee. In the event that (i) a determination is made pursuant to ARTICLE 6 of this Agreement that Indemnitee is not entitled to indemnification under this Agreement, (ii) an Expense Advance is not timely made pursuant to SECTION 4.3 of this Agreement, (iii) no determination of entitlement to indemnification is made within the applicable time periods specified in SECTION 6.6 or (iv) payment of indemnified amounts is not made within the applicable time periods specified in SECTION 6.7, Indemnitee will be entitled to an adjudication in an appropriate court of the State of Texas, or in any other court of competent jurisdiction, of his or her entitlement to such indemnification or payment of an Expense Advance. Alternatively, Indemnitee, at Indemnitee's option, may seek an award in arbitration to be conducted by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The provisions of Texas law (without regard to its conflict of laws rules) will apply to any such arbitration. The Company will not oppose Indemnitee's right to seek any such adjudication or award in arbitration.

Action by Indemnitee. In the event that (i) a determination is made pursuant to ARTICLE Article 6 of this Agreement that Indemnitee is not entitled to indemnification under this Agreement, (ii) an Expense Advance is not timely made pursuant to SECTION Section 4.3 of this Agreement, (iii) no determination of entitlement to indemnification is made within the applicable time periods specified in SECTION Section 6.6 or (iv) payment of indemnified amounts is not made within the applicable time periods specified in SECTION Section 6.7, Indemnitee will be entitled to an adjudication in an appropriate court of the State of Texas, or in any other court of competent jurisdiction, of his or her entitlement to such indemnification or payment of an Expense Advance. Alternatively, Indemnitee, at Indemnitee's option, may seek an award in arbitration to be conducted by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The provisions of Texas law (without regard to its conflict of laws rules) will apply to any such arbitration. The Company will not oppose Indemnitee's right to seek any such adjudication or award in arbitration.

Action by Indemnitee. In the event that (i) a determination is made pursuant to ARTICLE Article 6 of this Agreement that Indemnitee is not entitled to indemnification under this Agreement, (ii) an Expense Advance is not timely made pursuant to SECTION Section 4.3 of this Agreement, (iii) no determination of entitlement to indemnification is made within the applicable time periods specified in SECTION Section 6.6 or (iv) payment of indemnified amounts is not made within the applicable time periods specified in SECTION Section 6.7, Indemnitee will be entitled to an adjudication in an appropriate court of the State of Texas, or in any other court of competent jurisdiction, of his or her entitlement to such indemnification or payment of an Expense Advance. Alternatively, Indemnitee, at Indemnitee's ’s option, may seek an award in arbitration to be conducted by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The provisions of Texas law (without regard to its conflict of laws rules) will apply to any such arbitration. The Company will not oppose Indemnitee's ’s right to seek any such adjudication or award in arbitration.

Action by Indemnitee. In the event that (i) a determination is made pursuant to ARTICLE Article 6 of this Agreement that Indemnitee is not entitled to indemnification under this Agreement, (ii) an Expense Advance is not timely made pursuant to SECTION Section 4.3 of this Agreement, (iii) no determination of entitlement to indemnification is made within the applicable time periods specified in SECTION Section 6.6 or (iv) payment of indemnified amounts is not made within the applicable time periods specified in SECTION Section 6.7, Indemnitee will be entitled to an adjudication in an appropriate court of the State of Texas, or in any other court of competent jurisdiction, of his or her entitlement to such indemnification or payment of an Expense Advance. Alternatively, Indemnitee, at Indemnitee's ’s option, may seek an award in arbitration to be conducted by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The provisions of Texas law (without regard to its conflict of laws rules) will apply to any such arbitration. The Company will not oppose Indemnitee's ’s right to seek any such adjudication or award in arbitration.

Action by Indemnitee. In the event that (i) a determination is made pursuant to ARTICLE Article 6 of this Agreement that Indemnitee is not entitled to indemnification or contribution under this Agreement, (ii) an Expense Advance is not timely made pursuant to SECTION Section 4.3 of this Agreement, (iii) no determination of entitlement to indemnification or contribution is made within the applicable time periods specified in SECTION Section 6.6 or (iv) payment of indemnified amounts or amounts in contribution is not made within the applicable time periods specified in SECTION Section 6.7, Indemnitee will be entitled to an adjudication in an appropriate court of the State of Texas, or in any other court of competent jurisdiction, of his or her entitlement to such indemnification or indemnification, payment of an Expense AdvanceAdvance or contribution. Alternatively, Indemnitee, at Indemnitee's option, may seek an award in arbitration to be conducted by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The provisions of Texas law (without regard to its conflict of laws rules) will apply to any such arbitration. The Company will not oppose Indemnitee's right to seek any such adjudication or award in arbitration.

Action by Indemnitee. In the event that (i) a determination is made pursuant to ARTICLE 6 ‎Article VI of this Agreement that Indemnitee is not entitled to indemnification under this Agreement, (ii) an Expense Advance is not timely made pursuant to SECTION 4.3 Section ‎4.3 of this Agreement, (iii) no determination of entitlement to indemnification is made within the applicable time periods specified in SECTION 6.6 Section ‎6.6 or (iv) payment of indemnified amounts is not made within the applicable time periods specified in SECTION 6.7Section ‎6.7, Indemnitee will be entitled to an adjudication in an appropriate court of the State of Texas, or in any other court of competent jurisdiction, of his or her entitlement to such indemnification or payment of an Expense Advance. Alternatively, Indemnitee, at Indemnitee's ’s option, may seek an award in arbitration to be conducted by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The provisions of Texas law (without regard to its conflict of laws rules) will apply to any such arbitration. The Company will not oppose Indemnitee's ’s right to seek any such adjudication or award in arbitration.