Common use of Burden of Proof Clause in Contracts

Burden of Proof. In any judicial proceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 91 contracts

Samples: Independent Director Agreement (Addentax Group Corp.), Independent Director Agreement (QKL Stores Inc.), Independent Director Agreement (LianDi Clean Technology Inc.)

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Burden of Proof. In any judicial proceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 5 contracts

Samples: Director Agreement (Geltology Inc), Director Agreement (Sunity Online Entertainment LTD), Director Agreement (Sunity Online Entertainment LTD)

Burden of Proof. In any judicial proceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 5 contracts

Samples: Independent Director Agreement (American Oriental Bioengineering Inc), Independent Director Agreement (American Oriental Bioengineering Inc), Independent Director Agreement (American Oriental Bioengineering Inc)

Burden of Proof. In any judicial proceeding brought under Section 12 11 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 3 contracts

Samples: Director Agreement (Keyuan Petrochemicals, Inc.), Director Agreement (Keyuan Petrochemicals, Inc.), Director Agreement (Keyuan Petrochemicals, Inc.)

Burden of Proof. In any judicial proceeding Proceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 2 contracts

Samples: Independent Director Agreement (Agape ATP Corp), Independent Director Agreement (Agape ATP Corp)

Burden of Proof. In any judicial proceeding judicialProceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 1 contract

Samples: Independent Director Agreement (Agape ATP Corp)

Burden of Proof. In any judicial proceeding brought under Section 12 (a12(a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 1 contract

Samples: Independent Director Agreement (Lihua International Inc.)

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Burden of Proof. In any judicial proceeding brought under Section 12 (a11(a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts hereunder.

Appears in 1 contract

Samples: Director Agreement (FAB Universal Corp.)

Burden of Proof. In any judicial proceeding judicialProceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable Amounts AInts hereunder.

Appears in 1 contract

Samples: Independent Director Agreement (Agape ATP Corp)

Burden of Proof. In any judicial proceeding brought under Section 12 (a) above, the Company shall have the burden of proving that the Independent Director is not entitled to payment of Indemnifiable oflndemnifiable Amounts hereunder.. ( c)

Appears in 1 contract

Samples: Independent Director Agreement (Phoenix Motor Inc.)

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