Exceptions to Indemnifications. Notwithstanding the foregoing, indemnity pursuant to Sections 1 or 2 need not be paid by the Company if and then only to the extent that payment is actually made irrevocably and in cash to the Indemnitee under a valid and collectible insurance policy paid for by the Company or under a valid and enforceable indemnity clause, bylaw or agreement of the Company.
Appears in 4 contracts
Samples: Form of Indemnification Agreement (National Medical Health Card Systems Inc), Indemnification Agreement (WhiteSmoke, Inc.), Indemnification Agreement (Southern China Livestock, Inc.)