Determination of Good Faith Act or Omission. In the event that SECTION 6.2 is inapplicable with respect to any Proceeding, or any claim, issue or matter therein, the Company shall hold harmless and indemnify the Indemnitee as provided herein unless the Company shall prove by clear and convincing evidence to a forum listed in SECTION 6.4 that the Indemnitee did not act in Good Faith.
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Samples: Indemnification Agreement (Broadbandnow Inc), Indemnification Agreement (Royal Bodycare Inc/Nv)
Determination of Good Faith Act or Omission. In the event that SECTION Section 6.2 is inapplicable with respect to any Proceeding, or any claim, issue or matter therein, the Company shall hold harmless and indemnify the Indemnitee as provided herein unless the Company shall prove by clear and convincing evidence to a forum listed in SECTION Section 6.4 that the Indemnitee did not act in Good Faith.
Appears in 2 contracts
Samples: Indemnification Agreement (Conns Inc), Form of Indemnification Agreement (Avery Communications Inc)
Determination of Good Faith Act or Omission. In the event that SECTION 6.2 Section 6(b) is inapplicable with respect to any Proceeding, or any claim, issue or matter thereininapplicable, the Company also shall hold harmless and indemnify the Indemnitee as provided herein unless the Company shall prove by clear and convincing evidence to a forum listed in SECTION 6.4 Section 6(d) below that the act(s) or omission(s) of the Indemnitee did giving rise to the Proceeding were not act in Good FaithFaith Act(s) or Omission(s).
Appears in 1 contract
Samples: Form of Indemnification Agreement (Boston Capital Real Estate Investment Trust Inc)
Determination of Good Faith Act or Omission. In the event that SECTION Section 6.2 is inapplicable with respect to any Proceeding, or any claim, issue or matter thereininapplicable, the Company also shall hold harmless and indemnify the Indemnitee as provided herein unless the Company shall prove by clear and convincing evidence to a forum listed in SECTION Section 6.4 below that the act(s) or omission(s) of Indemnitee did giving rise to the Proceeding were not act in Good FaithFaith Act(s) or Omission(s).
Appears in 1 contract
Samples: Indemnification Agreement (Capital Growth Systems Inc /Fl/)
Determination of Good Faith Act or Omission. In the event ------------------------------------------- that SECTION Section 6.2 is inapplicable with respect to any Proceeding, or any claim, issue or matter therein, the Company shall hold harmless and indemnify the Indemnitee as provided herein unless the Company shall prove by clear and convincing evidence to a forum listed in SECTION Section 6.4 that the Indemnitee did not act in Good Faith.
Appears in 1 contract
