Common use of Determination Clause in Contracts

Determination. The Company intends that Indemnitee shall be indemnified to the fullest extent permitted by law as provided in Section 3 and that no Determination shall be required in connection with such indemnification. In no event shall a Determination be required in connection with advancement of Expenses pursuant to Section 4 or in connection with indemnification for Expenses incurred as a witness or incurred in connection with any Proceeding or portion thereof with respect to which Indemnitee has been successful on the merits or otherwise. Any decision that a Determination is required by law in connection with any other indemnification of Indemnitee, and any such Determination, shall be made within 30 days after receipt of Indemnitee’s written request for indemnification, as follows:

Appears in 34 contracts

Samples: Indemnification Agreement (Hertz Global Holdings Inc), Indemnification Agreement (NexImmune, Inc.), Form of Indemnification Agreement (RSC Holdings Inc.)

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Determination. The Company intends that Indemnitee shall be indemnified to the fullest extent permitted by law as provided in Section 3 hereof and that no Determination shall be required in connection with such indemnification. In no event shall a Determination be required either in connection with advancement of Expenses pursuant to Section 4 hereof or in connection with indemnification for Expenses incurred as a witness or incurred in connection with any Proceeding or portion thereof with respect to which Indemnitee has been successful on the merits or otherwise. Any decision that a Determination is required by law in connection with any other claim for indemnification of by Indemnitee, and any such Determination, shall be made within 30 days after receipt of Indemnitee’s written request for indemnification, as follows:

Appears in 7 contracts

Samples: Indemnification Agreement (Synaptogenix, Inc.), Form of Indemnification Agreement (Andover National Corp), Indemnification Agreement (F-Star Therapeutics, Inc.)

Determination. The members of the Company intends Group intend that Indemnitee shall be indemnified to the fullest extent permitted by law as provided in Section 3 2 and that no Determination shall be required in connection with such indemnification. In no event shall a Determination be required in connection with advancement of Expenses pursuant to Section 4 4(b) or in connection with indemnification for Expenses expenses incurred as a witness or incurred in connection with any Proceeding Claim or portion thereof with respect to which an Indemnitee has been successful on the merits or otherwise. Any decision that a Determination is required by law in connection with any other indemnification of an Indemnitee, and any such Determination, shall be made within 30 days after receipt of Indemnitee’s written request for indemnificationa Notice of Claim, as follows:

Appears in 6 contracts

Samples: Indemnification Agreement (Servicemaster Co), Indemnification Agreement (Servicemaster Co, LLC), Indemnification Agreement (Servicemaster Co)

Determination. The Company intends that Indemnitee shall be indemnified to the fullest extent permitted by law as provided in Section 3 and that no Determination shall be required in connection with such indemnification. In no event shall a Determination be required in connection with advancement of Expenses pursuant to Section 4 or in connection with indemnification for Expenses incurred as a witness or incurred in connection with any Proceeding or portion thereof with respect to which Indemnitee has been successful on the merits or otherwise. Any decision that a Determination is required by law in connection with any other indemnification of Indemnitee, and any such Determination, shall be made within 30 days after receipt of Indemnitee’s 's written request for indemnification, as follows:

Appears in 5 contracts

Samples: Form of Indemnification Agreement (N-Able, Inc.), Indemnification Agreement (SolarWinds Corp), Indemnification Agreement (SolarWinds Corp)

Determination. The Company intends that Indemnitee shall be indemnified to the fullest extent permitted by law as provided in Section 3 hereof and that no Determination shall be required in connection with such indemnification. In no event shall a Determination be required either in connection with advancement of Expenses pursuant to Section 4 hereof or in connection with indemnification for Expenses incurred as a witness or incurred in connection with any Proceeding or portion thereof with respect to which Indemnitee has been successful on the merits or otherwise. Any decision that a Determination is required by law in connection with any other claim for indemnification of Indemniteeby Ixxxxxxxxx, and any such Determination, shall be made within 30 days after receipt of Indemnitee’s written request for indemnification, as follows:

Appears in 2 contracts

Samples: Indemnification Agreement (ArriVent Biopharma, Inc.), Indemnification Agreement (ArriVent Biopharma, Inc.)

Determination. The Company intends that Indemnitee shall be indemnified to the fullest extent permitted by law as provided in Section 3 2 and that no Determination shall be required in connection with such indemnification. In no event shall a Determination be required in connection with advancement of Expenses pursuant to Section 4 3 or in connection with indemnification for Expenses incurred as a witness or incurred in connection with any Proceeding or portion thereof with respect to which Indemnitee has been successful on the merits or otherwise. Any decision that a Determination is required by law in connection with any other indemnification of Indemnitee, and any such Determination, shall be made within 30 days after receipt of Indemnitee’s written request for indemnification, as follows:

Appears in 2 contracts

Samples: Indemnification Agreement (Hertz Corp), Indemnification Agreement (Hertz Corp)

Determination. The Company intends that Indemnitee shall be indemnified to the fullest extent permitted by applicable law as provided in Section 3 and that no Determination shall be required in connection with such indemnification. In no event shall a Determination be required in connection with the advancement of Expenses pursuant to Section 4 or in connection with the indemnification for Expenses incurred as a witness or incurred in connection with any Proceeding or portion thereof with respect to which Indemnitee has been successful on the merits or otherwise. Any decision that a Determination is required by law in connection with any other indemnification of Indemnitee, and any such Determination, shall be made within 30 thirty (30) days after receipt of Indemnitee’s written request for indemnification, as follows:

Appears in 2 contracts

Samples: Indemnification Agreement (Corindus Vascular Robotics, Inc.), Indemnification Agreement (Marika Inc.)

Determination. The Company intends Entities intend that Indemnitee shall be indemnified to the fullest extent permitted by law as provided in Section 3 and that no Determination shall be required in connection with such indemnification. In no event shall a Determination be required in connection with advancement of Expenses pursuant to Section 4 or in connection with indemnification for Expenses incurred as a witness or incurred in connection with any Proceeding or portion thereof with respect to which Indemnitee has been successful on the merits or otherwise. Any decision that a Determination is required by law in connection with any other indemnification of Indemnitee, and any such Determination, shall be made within 30 days after receipt of Indemnitee’s written request for indemnification, as follows:

Appears in 2 contracts

Samples: Director Indemnification Agreement (Hd Supply Support Services, Inc.), Director Indemnification Agreement (Hd Supply, Inc.)

Determination. The members of the Company intends Group intend that Indemnitee shall be indemnified to the fullest extent permitted by law as provided in Section 3 2 and that no Determination shall be required in connection with such indemnification. In no event shall a Determination be required in connection with advancement of Expenses expenses pursuant to Section 4 4(b) or in connection with indemnification for Expenses expenses incurred as a witness or incurred in connection with any Proceeding Claim or portion thereof with respect to which an Indemnitee has been successful on the merits or otherwise. Any decision that a Determination is required by law in connection with any other indemnification of an Indemnitee, and any such Determination, shall be made within 30 days after receipt of Indemnitee’s written request for indemnificationa Notice of Claim, as follows:

Appears in 1 contract

Samples: Indemnification Agreement (Servicemaster Co)

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Determination. The Company intends Entities intend that Indemnitee shall be indemnified to the fullest extent permitted by law as provided in Section 3 and that no Determination shall be required in connection with such indemnification. In no event shall a Determination be required in connection with (x) advancement of Expenses pursuant to Section 4 or in connection with 4, (y) indemnification for Expenses incurred as a witness witness, or (z) indemnification for Losses incurred in connection with any a Proceeding or portion thereof with respect to which Indemnitee has been successful on the merits or otherwise. Any decision that a Determination is required by law in connection with any other indemnification of Indemnitee, and any such Determination, shall be made within 30 days after receipt of Indemnitee’s written request for indemnification, as follows:

Appears in 1 contract

Samples: Director Indemnification Agreement (Hd Supply, Inc.)

Determination. The Company intends that Indemnitee shall be indemnified to the fullest extent permitted by law as provided in Section 3 and that no Determination shall be required in connection with such indemnification. In no event shall a Determination be required in connection with advancement of Expenses pursuant to Section 4 or in connection with indemnification for Expenses incurred as a witness or incurred in connection with any Proceeding or portion thereof with respect to which Indemnitee has been successful on the merits or otherwise. Any decision that a Determination is required by law in connection with any other indemnification of Indemnitee, and any such Determination, shall be made within 30 thirty (30) days after receipt of Indemnitee’s written request for indemnification, as follows:

Appears in 1 contract

Samples: Indemnification Agreement (China Chemical Corp.)

Determination. The Company intends that Indemnitee shall be indemnified to the fullest extent permitted by law as provided in Section 3 hereof and that no Determination shall be required in connection with such indemnification. In no event shall a Determination be required either in connection with advancement of Expenses pursuant to Section 4 hereof or in connection with indemnification for Expenses incurred as a witness or incurred in connection with any Proceeding or portion thereof with respect to which Indemnitee has been successful on the merits or otherwise. Any decision that a Determination is required by law in connection with any other claim for indemnification of Indemniteeby Xxxxxxxxxx, and any such Determination, shall be made within 30 days after receipt of Indemnitee’s written request for indemnification, as follows:

Appears in 1 contract

Samples: Indemnification Agreement (Elicio Therapeutics, Inc.)

Determination. The Company intends that Indemnitee shall be indemnified to the fullest extent permitted by law as provided in Section 3 and that no Determination shall be required in connection with such indemnification. In no event shall a Determination be required in connection with the advancement of Expenses pursuant to Section 4 or in connection with the indemnification for Expenses incurred as a witness or incurred in connection with any Proceeding or portion thereof with respect to which Indemnitee has been successful on the merits or otherwise. Any decision that a Determination is required by law in connection with any other indemnification of Indemnitee, and any such Determination, shall be made within 30 days after receipt of Indemnitee’s written request for indemnification, as follows:

Appears in 1 contract

Samples: Indemnification Agreement (AMEDICA Corp)

Determination. The Company intends Companies intend that Indemnitee shall be indemnified to the fullest extent permitted by law as provided in Section 3 and that no Determination shall be required in connection with such indemnification. In no event shall a Determination be required in connection with advancement of Expenses pursuant to Section 4 or in connection with indemnification for Expenses incurred as a witness or incurred in connection with any Proceeding or portion thereof with respect to which Indemnitee has been successful on the merits or otherwise. Any decision that a Determination is required by law in connection with any other indemnification of Indemnitee, and any such Determination, shall be made within 30 days after receipt of Indemnitee’s written request for indemnification, as follows:

Appears in 1 contract

Samples: Form of Indemnification Agreement (Envision Healthcare Holdings, Inc.)

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