Effect of Other Proceedings. The termination of any Proceeding or of any claim, issue or matter therein, by judgment, order or settlement shall not create a presumption that the act(s) or omission(s) giving rise to the Proceeding were not Good Faith Act(s) or Omission(s). The termination of any Proceeding by conviction, or upon a plea of nolo contendere, or its equivalent, or an entry of an order of probation prior to judgment, shall create a rebuttable presumption that the act(s) or omission(s) of the Indemnitee giving rise to the Proceeding were not Good Faith Act(s) or Omission(s).
Appears in 18 contracts
Samples: Indemnification Agreement (Dividend Capital Total Realty Trust Inc.), Indemnification Agreement (Industrial Income Trust Inc.), Indemnification Agreement (Income Property Trust of the Americas Inc.)
Effect of Other Proceedings. The termination of any Proceeding or of any claim, issue or matter therein, therein by judgment, order or settlement shall not create a presumption that the act(s) or omission(s) giving rise to the Proceeding were not Good Faith Act(s) or Omission(s). The termination of any Proceeding by conviction, or upon a plea of nolo contendere, or its equivalent, or an entry of an order of probation prior to judgment, shall create a rebuttable presumption that the act(s) or omission(s) of the Indemnitee giving rise to the Proceeding were not Good Faith Act(s) or Omission(s).
Appears in 16 contracts
Samples: Indemnification Agreement (CNL Healthcare Trust, Inc.), Indemnification Agreement (CNL Macquarie Global Growth Trust, Inc.), Form of Indemnification Agreement (CNL Healthcare Properties II, Inc.)
Effect of Other Proceedings. The termination of any Proceeding or of any claim, issue or matter therein, by judgment, order or settlement shall not create a presumption that the act(s) or omission(s) giving rise to the Proceeding were not Good Faith Act(s) or Omission(s). The termination of any Proceeding by conviction, or upon a plea of nolo contendere, or its equivalent, or an entry of an order of probation prior to judgment, conviction shall create a rebuttable presumption that the act(s) or omission(s) of the Indemnitee giving rise to the Proceeding were not Good Faith Act(s) or Omission(s).
Appears in 3 contracts
Samples: Employment Agreement (Vitacost.com, Inc.), Indemnification Agreement (Vitacost.com, Inc.), Indemnification Agreement (Vitacost.com, Inc.)
Effect of Other Proceedings. The termination of any Proceeding or of any claim, issue or matter therein, by judgment, order or settlement shall not create a presumption that the act(s) or omission(s) giving rise to the Proceeding were not Good Faith Act(s) or Omission(s). The termination of any Proceeding by conviction, or upon a plea of nolo non contendere, or its equivalent, or an entry of an order of probation prior to judgment, shall create a rebuttable presumption that the act(s) or omission(s) of the Indemnitee giving rise to the Proceeding were not Good Faith Act(s) or Omission(s).
Appears in 3 contracts
Samples: Indemnification Agreement (CNL Retirement Properties Inc), Indemnification Agreement (CNL Hotels & Resorts, Inc.), Indemnification Agreement (CNL Hotels & Resorts, Inc.)
