Common use of Burden of Proof Clause in Contracts

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome of overcoming that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 6.01 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification Indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 7(a), and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 6.1 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 6.1 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall will presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 6(a) of this Agreement, and the Company shall will have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, entity Person or entities Persons making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome of overcoming that presumption.

Burden of Proof. In making a determination with respect to entitlement the Indemnitee's right to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification Indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 6(a), and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making If a determination with respect to entitlement to indemnification hereunderis required under this Agreement, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee acted in Good Faith and is entitled to indemnification under this Agreement Agreement, and the Company shall have the burden of proof to overcome that presumption by clear and convincing evidence in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 6.01 of this Agreement, and the Company Corporation shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification Indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 4(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to --------------- entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Agreement. The Company shall have the burden of proof to overcome that presumptionpresumption by a preponderance of the evidence.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accor- dance with Section 6.01 of this Agreement, and the Company Corporation shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 6.1 of this Agreement, and the Company Trust shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 6.1, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to ---------------- entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to exculpation or indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee Indemnified Person is entitled to exculpation and indemnification under this Agreement Litigation Trust Agreement, and the Company any person seeking to overcome such presumption shall have the burden of proof to overcome that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome overturn that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with SECTION 5.1 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall will presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 6(a) of this Agreement, and the Company shall will have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.. (b)

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company and the Partnership shall have the burden of proof to overcome that presumption.

Burden of Proof. In making a determination with --------------- respect to entitlement to of indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 4.01 hereof, and the Company LTC Properties shall have the burden of proof to overcome that presumption in connection with the making of any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a the determination with respect to entitlement to indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 6.1, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to --------------- entitlement to indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 6.01 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification Indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 6.1, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the an Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 6.1 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company Agreement. Anyone seeking to overcome this presumption shall have the burden of proof to overcome that presumption.and the burden of persuasion by clear

Burden of Proof. In making a determination with respect to entitlement to exculpation or indemnification hereunder, the person, persons, entity or entities Person making such determination shall presume that the Indemnitee Indemnified Person is entitled to exculpation and indemnification under this Agreement Agreement, and the Company any Person seeking to overcome such presumption shall have the burden of proof to overcome that presumption.

Burden of Proof. In making a determination with respect to entitlement to indemnification hereunder, the person, persons, persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section- 6.1 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to --------------- entitlement to indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to of indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee Employee is entitled to indemnification under this Agreement if the Employee has submitted a request for indemnification in accordance with Section 13(a) of this Agreement, and the Company Corporation shall have the burden of proof to overcome that presumption in connection with the making of any person, persons or entity of any determination contrary to that presumption.

Burden of Proof. In making a determination with respect to entitlement to --------------- indemnification hereunder, the person, persons, person or persons or entity or entities making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome overturn that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.