Common use of Burden of Proof Clause in Contracts

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder under any provision of this Agreement or to receive contribution pursuant to Section 6 of this Agreement, to the extent permitted by law the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder the Reviewing Party or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company to establish establish, by clear and convincing evidence, that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party pursuant to Section 3(a), or otherwise by a court of competent jurisdiction pursuant to Section 3(c) or otherwise, as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be on the Company to establish by clear and convincing evidence that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder hereunder, the Reviewing Party, court, any finder of fact or other relevant person shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company or its representative to establish by clear and convincing evidence that the Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified or to contribution hereunder the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder under any provision of this Agreement or to receive contribution pursuant to Section 7 of this Agreement, the burden of proof shall be on the Company Corporation to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be on the Company to establish that the Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder or otherwise, the burden of proof shall be on the Company to establish prove by clear and convincing evidence that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party Party, any court or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder hereunder, the Reviewing Party, court, any finder of fact or other relevant person shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company or its representative to establish establish, by clear and convincing evidence, that the Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the Reviewing Party, court, or other finder of fact or appropriate Person shall presume that Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, the burden of proof shall be on the Company (or its representative) to establish by clear and convincing evidence that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be on the Company Companies to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the a Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified or contribution hereunder the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing --------------- Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the Reviewing Party or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company to establish establish, by clear and convincing evidence, that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be on the Company to establish that the Indemnitee is not so entitled.. "

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder hereunder, the Reviewing Party or court will presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall will be on the Company to establish establish, by clear and convincing evidence, that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party Independent Legal Counsel or otherwise as to whether Indemnitee is entitled to be indemnified hereunder the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder the Reviewing Party or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company to establish establish, by a preponderance of the evidence, that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder under any provision of this Agreement, the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the Reviewing Party or court shall presume that Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder under this Agreement, the burden of proof shall be on the Company to establish by clear and convincing evidence that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the a Reviewing Party or otherwise court of competent jurisdiction as to whether the Indemnitee is entitled to be indemnified hereunder the Reviewing Party or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company to establish establish, by clear and convincing evidence, that the Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the --------------- Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise Independent Legal Counsel, as applicable, or otherwise, as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder the burden of proof shall be on the Company or any other person or entity challenging such right to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination determination, by the a Reviewing Party or otherwise otherwise, as to whether Indemnitee is entitled to be indemnified hereunder the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder the Reviewing Party, court, any finder of fact or other relevant person shall presume that Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company (or any other person or entity disputing such conclusions) to establish establish, by clear and convincing evidence, that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the Reviewing Party, court, or other finder of fact or appropriate Person shall presume that Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification; the burden of proof shall be on the Company (or its representative) to establish by clear and convincing evidence that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be on the Company (or its representative) to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder the Reviewing Party, court, any finder of fact or other relevant person shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company (or any other person or entity disputing such conclusions) to establish establish, by clear and convincing evidence, that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be on the Company Corporation to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party Party, any court or tribunal or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the Reviewing Party, court or tribunal or otherwise shall presume that Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company Indemnitor (or any other Person disputing such conclusions) to establish establish, by clear and convincing evidence, that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee Ixxxxxxxxx is entitled to be indemnified hereunder or otherwise, the burden of proof shall be on the Company to establish prove by clear and convincing evidence that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder under this Agreement, the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder the burden of proof by clear and convincing evidence shall be on the Company Corporation to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder the burden of proof shall be on the Company Indemnitee to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified or to the advancement of expenses hereunder the burden of proof shall be on the Company to establish that Indemnitee is not so entitledentitled to indemnification or advancement of expenses.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder the burden of proof shall be on the Company Corporation to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder under any provision of this Agreement or to receive contribution pursuant to Section 8 of this Agreement, the burden of proof shall be on the Company Corporation to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing --------------- Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the --------------- Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be on the Company Bank Plus to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder or to receive Expense Advances hereunder, the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the a --------------- Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be on the Company to establish that Indemnitee is not so entitledentitled to indemnification.

Burden of Proof. In connection with any determination by the --------------- Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder under any provision of this Agreement or to receive contribution pursuant to Section 7 of this Agreement, the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.. "

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder hereunder, the burden of proof shall be is on the Company Corporation to establish that the Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing ---------------- Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder the burden of proof shall be on the Company to establish that the Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the --------------- Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder under any provision of this Agreement or to receive contribution pursuant to Section 8 of this Agreement, the burden of proof shall be on the Company to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder the burden of proof shall be on the Company and the burden of persuasion shall be by clear and convincing evidence, to establish that Indemnitee is not so entitled.

Burden of Proof. In connection with any determination by the Reviewing Party or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder the burden of proof shall be on the Company to establish establish, by clear and convincing evidence, that the Indemnitee is not so entitled.