Common use of Effect of Certain Resolutions Clause in Contracts

Effect of Certain Resolutions. Neither the settlement nor termination of any Proceeding nor the failure of the Company to award indemnification or of the Reviewing Party to determine that indemnification is payable shall create an adverse presumption that the Indemnitee is not entitled to indemnification hereunder. In addition, the termination of any Proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not create a presumption that the Indemnitee did not meet any particular standard of conduct.

Effect of Certain Resolutions. 7.1 Neither the settlement nor termination of any Proceeding nor the failure of the Company to award indemnification or of the Reviewing Party to determine that indemnification is payable shall create an adverse presumption that the Indemnitee is not entitled to indemnification hereunder. In addition, the termination of any Proceeding by judgment, order, settlement, conviction, settlement or upon a plea of nolo contendere or its equivalent shall not create a presumption that the Indemnitee did not meet any particular standard act in good faith and in a manner which Indemnitee reasonably believed to be in the best interests of conductthe Group.