Common use of Determination of Entitlement Clause in Contracts

Determination of Entitlement. In the event that a determination of Indemnitee’s entitlement to indemnification is required pursuant to Section 23B.08.550 of the Statute or its successor or pursuant to other applicable law, the party specified therein as the determining party shall make such determination; provided, however, (a) that Indemnitee shall initially be presumed in all cases to be entitled to indemnification, (b) that Indemnitee may establish a conclusive presumption of any fact necessary to such a determination by delivering to the Company a declaration made under penalty of perjury that such fact is true and (c) that, unless the Company shall deliver to Indemnitee written notice of a determination that Indemnitee is not entitled to indemnification within twenty (20) days of the Company’s receipt of Indemnitee’s initial written request for indemnification, such determination shall conclusively be deemed to have been made in favor of the Company’s provision of indemnification and Company agrees not to assert otherwise.

Determination of Entitlement. In the event that a determination of Indemnitee’s 's entitlement to indemnification is required pursuant to Section 23B.08.550 of the Statute or its a successor statute or pursuant to other applicable law, the party specified therein as the determining party appropriate decision-maker shall make such determination; provided, however, (a) that Indemnitee shall initially be presumed in all cases to be entitled to indemnification, (b) that Indemnitee may establish a conclusive presumption of any fact necessary to such a determination by delivering to the Company a declaration made under penalty of perjury that such fact is true and (c) that, unless the Company shall deliver to Indemnitee written notice of a determination that Indemnitee is not entitled to indemnification within twenty (20) calendar days of after the Company’s 's receipt of Indemnitee’s 's initial written request for indemnification, such determination shall conclusively be deemed to have been made in favor of the Company’s 's provision of indemnification indemnification, and that the Company hereby agrees not to assert otherwise.

Determination of Entitlement. In the event that a determination of Indemnitee’s 's entitlement to indemnification is required pursuant to Section 23B.08.550 145(d) of the Statute or its a successor statute or pursuant to other applicable law, the party specified therein as the determining party appropriate decision maker shall make such determination; provided, however, (a) that Indemnitee shall initially be presumed in all cases to be entitled to indemnification, (b) that Indemnitee may establish a conclusive presumption of any fact necessary to such a determination by delivering to the Company a declaration made under penalty of perjury that such fact is true and (c) that, unless the Company shall deliver to Indemnitee a written notice of a determination that Indemnitee is not entitled to indemnification within twenty (20) 20 days of after the Company’s 's receipt of Indemnitee’s 's initial written request for indemnification, such determination shall conclusively be deemed to have been made in favor of the Company’s 's provision of indemnification indemnification, and that the Company hereby agrees not to assert otherwise.

Determination of Entitlement. In the event that a determination of Indemnitee’s 's entitlement to indemnification is required pursuant to Section 23B.08.550 of the Statute or its successor or pursuant to other applicable law, the party specified therein as the determining party shall make such determination; provided, however, (a) that Indemnitee shall initially be presumed in all cases to be entitled to indemnification, (b) that Indemnitee may establish a conclusive presumption of any fact necessary to such a determination by delivering to the Company a declaration made under penalty of perjury that such fact is true and (c) that, unless the Company shall deliver to Indemnitee written notice of a determination that Indemnitee is not entitled to indemnification within twenty (20) days of the Company’s 's receipt of Indemnitee’s 's initial written request for indemnification, such determination shall conclusively be deemed to have been made in favor of the Company’s 's provision of indemnification and Company agrees not to assert otherwise.

Determination of Entitlement. In the event that a determination of Indemnitee’s 's entitlement to indemnification is required pursuant to Section 23B.08.550 of the Statute or its any successor thereto or pursuant to other applicable law, the party specified therein as the determining party appropriate decision-maker shall make such determination; provided, however, (a) that Indemnitee shall initially be presumed in all cases to be entitled to indemnification, (b) that Indemnitee may establish a conclusive presumption of any fact necessary to such a determination by delivering to the Company a declaration made under penalty of perjury that such fact is true and (c) that, unless the Company shall deliver to Indemnitee written notice of a determination that Indemnitee is not entitled to indemnification within twenty (20) days of the Company’s 's receipt of Indemnitee’s 's initial written request for indemnification, such determination shall conclusively be deemed to have been made in favor of the Company’s 's provision of indemnification and Company hereby agrees not to assert otherwise.

Determination of Entitlement. In the event that that, notwithstanding Section 6.5 of the Company’s Bylaws, a determination of Indemnitee’s entitlement to indemnification is required pursuant to Section 23B.08.550 of the Statute or its successor or pursuant to other applicable law, the party specified therein as the determining party shall make such determination; provided, however, (a) that Indemnitee shall initially be presumed in all cases to be entitled to indemnification, (b) that Indemnitee may establish a conclusive presumption of any fact necessary to such a determination by delivering to the Company a declaration made under penalty of perjury that such fact is true and (c) that, unless the Company shall deliver to Indemnitee written notice of a determination that Indemnitee is not entitled to indemnification within twenty (20) days of the Company’s receipt of Indemnitee’s initial written request for indemnification, such determination shall conclusively be deemed to have been made in favor of the Company’s provision of indemnification and Company agrees not to assert otherwise.

Determination of Entitlement. In the event that a determination of Indemnitee’s entitlement to indemnification is required pursuant to Section 23B.08.550 of the Statute or its successor or pursuant to other applicable law, the party specified therein as the determining party shall make such determination; provided, however, (a) that Indemnitee shall initially be presumed in all cases to be entitled to indemnification, (b) that Indemnitee may establish a conclusive presumption of any fact necessary to such a determination by delivering to the Company a declaration made under penalty of perjury that such fact is true and (c) that, unless the Company shall deliver to Indemnitee written notice of a determination that Indemnitee is not entitled to indemnification within twenty sixty (2060) days of the Company’s receipt of Indemnitee’s initial written request for indemnification, such determination shall conclusively be deemed to have been made in favor of the Company’s provision of indemnification and the Company agrees not to assert otherwise.

Determination of Entitlement. In the event that that, notwithstanding Section 10.5 of the Company’s Bylaws, a determination of Indemnitee’s entitlement to indemnification is required pursuant to Section 23B.08.550 of the Statute or its successor or pursuant to other applicable law, the party specified therein as the determining party shall make such determination; provided, however, (a) that Indemnitee shall initially be presumed in all cases to be entitled to indemnification, (b) that Indemnitee may establish a conclusive presumption of any fact necessary to such a determination by delivering to the Company a declaration made under penalty of perjury that such fact is true and (c) that, unless the Company shall deliver to Indemnitee written notice of a determination that Indemnitee is not entitled to indemnification within twenty (20) days of the Company’s receipt of Indemnitee’s initial written request for indemnification, such determination shall conclusively be deemed to have been made in favor of the Company’s provision of indemnification and Company agrees not to assert otherwise.

Determination of Entitlement. In the event that a determination of Indemnitee’s 's entitlement to indemnification is required pursuant to Section 23B.08.550 of the Statute or its successor or pursuant to other applicable law, the party specified therein as the determining party appropriate decision-maker shall make such determination; provided, however, (a) that Indemnitee shall initially be presumed in all cases to be entitled to indemnification, (b) that Indemnitee may establish a conclusive presumption of any fact necessary to such a determination by delivering to the Company a declaration made under penalty of perjury that such fact is true true, and (c) that, unless the Company shall deliver to INDEMNIFICATION AGREEMENT FINANCIAL PACIFIC COMPANY Indemnitee written notice of a determination that Indemnitee is not entitled to indemnification within twenty (20) days of the Company’s 's receipt of Indemnitee’s 's initial written request for indemnification, such determination shall conclusively be deemed to have been made in favor of the Company’s 's provision of indemnification and the Company agrees not to assert otherwise.

Determination of Entitlement. In the event that If a determination of Indemnitee’s 's entitlement to indemnification is required pursuant to Section RCW 23B.08.550 of the Statute or its a successor statute or pursuant to other applicable law, the party specified therein as the determining party appropriate decision maker shall make such determination; provided, however, that (a) that Indemnitee shall initially be presumed in all cases to be entitled to indemnification, and (b) unless the Company shall deliver to Indemnitee written notice of a determination that Indemnitee may not be entitled to indemnification within twenty (20) days after the Company's receipt of Indemnitee's notice pursuant to Section 1.6, Indemnitee shall conclusively be deemed to be entitled to such indemnification and the Company hereby agrees not to assert otherwise. Indemnitee may establish a conclusive presumption of any fact necessary to such a determination by delivering to the Company a declaration made under penalty of perjury that such fact is true and (c) that, unless the Company shall deliver to Indemnitee written notice of a determination that Indemnitee is not entitled to indemnification within twenty (20) days of the Company’s receipt of Indemnitee’s initial written request for indemnification, such determination shall conclusively be deemed to have been made in favor of the Company’s provision of indemnification and Company agrees not to assert otherwisetrue.

Determination of Entitlement. In the event that a determination of Indemnitee’s entitlement to indemnification or authorization of payment of indemnification or of an Expense Advance is required pursuant to Section 23B.08.550 of the Statute Act or its successor statutes or pursuant to other applicable law, the party appropriate decisionmaker as specified therein as the determining party shall make such determination; determination or authorization, provided, however, (a) that Indemnitee shall initially be presumed in all cases to be entitled to indemnification, (b) that Indemnitee may establish a conclusive presumption of any fact necessary to such a determination or authorization by delivering to the Company a declaration made under penalty of perjury that such fact is true and (c) that, unless the Company shall deliver to Indemnitee written notice of a determination that Indemnitee is not entitled to indemnification within twenty (20) days of the Company’s receipt of Indemnitee’s initial written request for indemnification, such determination shall conclusively be deemed to have been made in favor of the Company’s provision of indemnification and the Company agrees not to assert otherwise.