Common use of Claims Initiated by the Indemnitee Clause in Contracts

Claims Initiated by the Indemnitee. To indemnify or advance expenses to the Indemnitee with respect to proceedings or claims initiated or brought voluntarily by the Indemnitee and not by way of defense, unless (i) such indemnification is expressly required to be made by law, (ii) the proceeding was authorized by the Board, (iii) such indemnification is provided by the Company, in its sole discretion, pursuant to the powers vested in the Company under Title 10 of the Arizona Revised Statutes or (iv) the proceeding is brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 10-852 of the Arizona Revised Statutes;

Appears in 3 contracts

Samples: Indemnity Agreement (DT Acceptance Corp), Indemnity Agreement (DT Credit Company, LLC), Indemnity Agreement (Cole Real Estate Investments, Inc.)

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Claims Initiated by the Indemnitee. To indemnify or advance expenses to the Indemnitee with respect to proceedings or claims initiated or brought voluntarily by the Indemnitee and not by way of defense, unless (i) such indemnification is expressly required to be made by law, (ii) the proceeding was authorized by the Board, (iii) such indemnification is provided by the Company, in its sole discretion, pursuant to the powers vested in the Company under Title 10 of the Arizona Revised Statutes or (iv) the proceeding is brought to establish or enforce a right to indemnification under this Agreement or any other statute or law or otherwise as required under Section 10-10- 852 of the Arizona Revised Statutes;

Appears in 1 contract

Samples: Indemnity Agreement (Cole Real Estate Investments, Inc.)

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