De Novo Review. In the event that a determination shall have been made pursuant to Article VI of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Article VIII shall be conducted in all respects as a de novo trial, or arbitration, on the merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.
De Novo Review. In the event that a determination shall have been made pursuant to Section 7 of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Section 9 shall be conducted in all respects as a de novo trial, or arbitration, on the merits, and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.
De Novo Review. In the event that a determination shall have been made pursuant to Section 7.3 of this Agreement that the Executive is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Section 7.5 shall be conducted in all respects as a de novo trial, or arbitration, on the merits and the Executive shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that the Executive is not entitled to indemnification or advancement of Expenses, as the case may be.
De Novo Review. In the event that a determination shall have been made pursuant to Article VI of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Article VIII shall be conducted in all respects as a de novo trial, or arbitration, on the merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be, and the Company may not refer to or introduce evidence of any determination pursuant to Article VI of this Agreement adverse to Indemnitee for any purpose. If Indemnitee commences a judicial proceeding or arbitration pursuant to this Article VIII, Indemnitee shall not be required to reimburse the Company for any payments in advance pursuant to Article V until a final determination is made with respect to Indemnitee’s entitlement to indemnification (as to which all rights of appeal have been exhausted or lapsed).
De Novo Review. In the event that there is a Dispute involving disagreement between Indemnitee and the Company with a determination made by an Independent Counsel pursuant to Section 6(a) of this Agreement concerning Indemnitee's entitlement, or lack thereof, to indemnification, any judicial proceeding commenced pursuant to this Section 6 shall be conducted in all respects as a de novo trial on the merits, and neither party shall be prejudiced by reason of the Independent Counsel's determination. In any such proceeding, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.
De Novo Review. Any Judicial proceeding commenced pursuant to this Section 4 shall be conducted in all respects as a de novo trial on the merits, and Indemnitee shall not be prejudiced by reason of any prior action of the Board. In any such proceeding, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses.
De Novo Review. Upon receipt by the Designated Institutional Official, or her/his designee, of the House Officer’s written notice of appeal, the Hospital shall convene an ad hoc committee of the Medical and Dental Staff of the Hospital to review de novo any decision made pursuant to Section 3(a), above. The ad hoc committee shall be composed of five (5) members of the Medical and Dental Staff appointed by the President of the Medical and Dental Staff or his/her designee. One member shall be designated as chairperson. No staff member who has participated in the disciplinary action shall be appointed as a member of the ad hoc committee. The de novo hearing shall be held within fourteen (14) calendar days of the receipt by the Designated Institutional Official, or his/her designee, of the House Officer’s written request for appeal. The affected House Officer shall be informed of each and every hearing of the ad hoc committee and shall have the right to be present at all hearings and to present his/her case. The House Officer shall have the right to have a representative of the Union present at these hearings and shall be able to bring relevant witnesses. A majority vote of the ad hoc committee shall be necessary to overturn the disciplinary action under review. The ad hoc committee shall render a written decision with its reasons therefore within twenty-one (21) days of the receipt by the Designated Institutional Official, or her/his designee, of the House Officer’s written notice of appeal. The parties agree that the procedures described in the Article shall be the sole and exclusive avenue of recourse for the aggrieved House Officer under this Agreement.
De Novo Review. In the event a Dispute arises under Section 9(a)(i) or (ii), any judicial proceeding or arbitration commenced pursuant to this Section 9 shall be conducted in all respects as a de novo trial, or arbitration, on the merits and the party seeking to overturn a prior adverse determination shall not be prejudiced by reason of such prior adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.
De Novo Review. In the event that a determination shall have been made pursuant to Section 4 of this Agreement that the Director is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Section 6 shall be conducted in all respects as a de novo trial, or arbitration, on the merits and the Director shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that the Director is not entitled to indemnification or advancement of Expenses, as the case may be.
De Novo Review. In the event that a determination shall have been made pursuant to Section 12 of this Agreement that the Employee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Section 14 shall be conducted in all respects as a de novo trial, or arbitration, on the merits and the Employee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that the Employee is not entitled to indemnification or advancement of Expenses, as the case may be.
