Common use of Effect of Other Proceedings Clause in Contracts

Effect of Other Proceedings. The termination of any Proceeding or any claim, issue or matter therein by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the act(s) or omission(s) giving rise to the Proceeding were not Good Faith Act(s) or Omission(s).

Appears in 3 contracts

Samples: Indemnification Agreement (Nexxus Lighting, Inc.), Indemnification Agreement, Indemnification Agreement (Nexxus Lighting, Inc.)

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Effect of Other Proceedings. The termination of any Proceeding or of any claim, issue or matter therein therein, by judgment, order, settlement, settlement or conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the act(s) or omission(s) giving rise to the Proceeding were not Good Faith Act(s) or Omission(s).(except as otherwise expressly provided in this

Appears in 1 contract

Samples: Employment Agreement (Nabors Industries Inc)

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Effect of Other Proceedings. The termination of any Proceeding or of any claim, issue or matter therein therein, by judgment, order, settlement, conviction, order or upon a plea of nolo contendere or its equivalent, settlement shall not, of itself, 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 shall create a rebuttable presumption that the act(s) or omission(s) of Indemnitee giving rise to the Proceeding were not Good Faith Act(s) or Omission(s).

Appears in 1 contract

Samples: Indemnification Agreement (Capital Growth Systems Inc /Fl/)

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