Common use of Actions where Indemnitee is Deceased Clause in Contracts

Actions where Indemnitee is Deceased. If Indemnitee was or is a party or is threatened to be made a party to any proceeding by reason of the fact that Indemnitee is or was or had agreed to become an agent of the Company, or by reason of anything done or not done by Indemnitee in any such capacity, and if prior to, during the pendency of or after completion of such proceeding Indemnitee becomes deceased, the Company shall indemnify Indemnitee’s heirs, executors and administrators against any and all expenses and liabilities of any type whatsoever (including, without limitation, judgments, fines, ERISA excise taxes and penalties, and amounts paid in settlement) actually and reasonably incurred to the extent Indemnitee would have been entitled to indemnification pursuant to Section 4(a), 4(b) or 4(c) above were Indemnitee still alive.

Appears in 3 contracts

Samples: Indemnity Agreement (Rush Enterprises Inc \Tx\), Indemnity Agreement (Bristow Group Inc), Indemnity Agreement (Bristow Group Inc)

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Actions where Indemnitee is Deceased. If the Indemnitee is a person ------------------------------------ who was or is a party or is threatened to be made a party to any proceeding by reason of the fact that Indemnitee he is or was or had agreed to become an agent of the Company, or by reason of anything done or not done by Indemnitee him in any such capacity, and if prior to, during the pendency of or after completion of such proceeding Indemnitee becomes deceased, the Company shall indemnify the Indemnitee’s 's heirs, executors and administrators against any and all expenses and liabilities of any type whatsoever (including, without limitationbut not limited to, judgments, fines, ERISA excise taxes and penalties, and amounts paid in settlement) actually and reasonably incurred to the extent Indemnitee would have been entitled to indemnification pursuant to Section Sections 4(a), 4(b) ), or 4(c) above were Indemnitee still alive.

Appears in 2 contracts

Samples: Indemnity Agreement (Extreme Networks Inc), Indemnity Agreement (Firstamerica Automotive Inc /De/)

Actions where Indemnitee is Deceased. If the Indemnitee is a person who was or is a party or is threatened to be made a party to any proceeding by reason of the fact that Indemnitee he or she is or was or had agreed to become an agent of the Company, or by reason of anything done or not done by Indemnitee him or her in any such capacity, and if prior to, during the pendency of or after completion of such proceeding Indemnitee becomes deceased, the Company shall indemnify the Indemnitee’s heirs, executors and administrators against any and all expenses and liabilities of any type whatsoever (including, without limitationbut not limited to, judgments, fines, ERISA excise taxes and penalties, and amounts paid in settlement) actually and reasonably incurred to the extent Indemnitee would have been entitled to indemnification pursuant to Section Sections 4(a), ) or 4(b) or 4(c) above were Indemnitee still alive.

Appears in 1 contract

Samples: Indemnity Agreement (Facet Biotech Corp)

Actions where Indemnitee is Deceased. If the Indemnitee is a person who was or is a party or is threatened to be made a party to any proceeding by reason of the fact that Indemnitee he/she is or was or had agreed to become an agent of the Company, or by reason of anything done or not done by Indemnitee him/her in any such capacity, and if prior to, during the pendency of or after completion of such proceeding Indemnitee becomes deceased, the Company shall indemnify the Indemnitee’s heirs, executors and administrators against any and all expenses and liabilities of any type whatsoever (including, without limitationbut not limited to, judgments, fines, ERISA excise taxes and penalties, and amounts paid in settlement) actually and reasonably incurred to the extent Indemnitee would have been entitled to indemnification pursuant to Section Sections 4(a), 4(b) or 4(c) above were Indemnitee still alive.

Appears in 1 contract

Samples: Indemnity Agreement (Halozyme Therapeutics Inc)

Actions where Indemnitee is Deceased. If the Indemnitee is a ------------------------------------ person who was or is a party or is threatened to be made a party to any proceeding by reason of the fact that Indemnitee he is or was or had agreed to become an agent of the Company, or by reason of anything done or not done by Indemnitee him in any such capacity, and if prior to, during the pendency of or after completion of such proceeding Indemnitee becomes deceased, the Company shall indemnify the Indemnitee’s 's heirs, executors and administrators against any and all expenses and liabilities of any type whatsoever (including, without limitationbut not limited to, judgments, fines, ERISA excise taxes and penalties, and amounts paid in settlement) actually and reasonably incurred to the extent Indemnitee would have been entitled to indemnification pursuant to Section Sections 4(a), 4(b) ), or 4(c) above were Indemnitee still alive.

Appears in 1 contract

Samples: Indemnity Agreement (Pacific Gateway Exchange Inc)

Actions where Indemnitee is Deceased. If Indemnitee was or is a party or is threatened to be made a party to any proceeding by reason of the fact that Indemnitee is or was or had agreed to become an agent of the Company, or by reason of anything done or not done by Indemnitee in any such capacity, and if prior to, during the pendency of or after completion of such proceeding Indemnitee becomes deceased, the Company shall indemnify Indemnitee’s 's heirs, executors and administrators against any and all expenses and liabilities of any type whatsoever (including, without limitation, judgments, fines, ERISA excise taxes and penalties, and amounts paid in settlement) actually and reasonably incurred to the extent Indemnitee would have been entitled to indemnification pursuant to Section 4(a), 4(b) or 4(c) above were Indemnitee still alive.

Appears in 1 contract

Samples: Exhibit 14 (Offshore Logistics Inc)

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Actions where Indemnitee is Deceased. If the Indemnitee is a person who was or is a party or is threatened to be made a party to any proceeding by reason of the fact that Indemnitee he is or was or had agreed to become an agent of the Company, or by reason of anything done or not done by Indemnitee him in any such capacity, and if prior to, during the pendency of or after orafter completion of such proceeding Indemnitee becomes deceased, the Company shall indemnify the Indemnitee’s heirs, executors executors, administrators and administrators estate against any and all expenses and liabilities of any type whatsoever (including, without limitationbut not limited to, judgments, fines, ERISA excise taxes and penalties, and amounts paid in settlement) actually and reasonably incurred to the extent Indemnitee would have been entitled to indemnification pursuant to Section Sections 4(a), 4(b) ), or 4(c) above were Indemnitee still alive.

Appears in 1 contract

Samples: Indemnity Agreement (Jack in the Box Inc /New/)

Actions where Indemnitee is Deceased. If the Indemnitee is a person who was or is a party is, or is threatened to be made made, a party to or a participant in, any proceeding by reason of the fact that Indemnitee is or was or had agreed to become an agent of the Company, or by reason of anything done or not done by Indemnitee in any such capacity, and if prior to, during the pendency of or after completion of such proceeding Indemnitee becomes deceased, the Company shall indemnify the Indemnitee’s 's heirs, executors and administrators against any and all expenses and liabilities of any type whatsoever (including, without limitationbut not limited to, judgments, fines, ERISA excise taxes and penalties, and amounts paid in settlement) actually and reasonably incurred to the extent Indemnitee would have been entitled to indemnification pursuant to Section Sections 4(a), 4(b), 4(c), or 6(b) or 4(c) above hereof were Indemnitee still alive.

Appears in 1 contract

Samples: Indemnity Agreement (General Magic Inc)

Actions where Indemnitee is Deceased. If the Indemnitee is a person who was or is a party or is threatened to be made a party to any proceeding by reason of the fact that Indemnitee he or she is or was or had agreed to become an agent of the Company, or by reason of anything done or not done by Indemnitee him or her in any such capacity, and if prior to, during the pendency of or after completion of such proceeding Indemnitee becomes deceased, the Company shall indemnify the Indemnitee’s heirs, executors and administrators against any and all expenses and liabilities of any type whatsoever (including, without limitationbut not limited to, judgments, fines, ERISA excise taxes and penalties, and amounts paid in settlement) actually and reasonably incurred to the extent Indemnitee would have been entitled to indemnification pursuant to Section Sections 4(a), 4(b) ), or 4(c) above were Indemnitee still alive.

Appears in 1 contract

Samples: Indemnity Agreement (Lifevantage Corp)

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