Common use of Expenses of Adjudication Clause in Contracts

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 8 contracts

Samples: Indemnification Agreement (Sucampo Pharmaceuticals, Inc.), Indemnification Agreement (Sucampo Pharmaceuticals, Inc.), Indemnification Agreement (Sucampo Pharmaceuticals, Inc.)

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Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9Article VIII, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s 's rights under, or to recover damages for breach of, of this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in Section 1.07 of this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 4 contracts

Samples: Indemnification Agreement (Ceridian Corp /De/), Indemnification Agreement (Arbitron Inc), Indemnification Agreement (Ceridian Corp)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9Article VIII, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s 's rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, Corporation and shall be indemnified by the Company Corporation against, any and all expenses (of the types described in the definition of Expenses in Section 1.07 of this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification of advancement or advancement of expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 4 contracts

Samples: Form of Officer and Director Indemnification Agreement (Cybershop International Inc), Indemnification Agreement (Bitstream Inc), Indemnification Agreement (International Sports Wagering Inc)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 98, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 3 contracts

Samples: Indemnification Agreement (Restore Medical, Inc.), Indemnification Agreement (EnteroMedics Inc), Indemnification Agreement (SoftBrands, Inc.)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9Article VIII, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in Section 1.7 of this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 3 contracts

Samples: Indemnification Agreement (Southwest Casino Corp), Indemnification Agreement (Southwest Casino Corp), Indemnification Agreement (Southwest Casino Corp)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9Article VIII, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s 's rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in Section 1.06 of this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses Expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 2 contracts

Samples: Indemnification and Founders Agreement (Aerobic Creations, Inc.), Indemnification Agreement (Connected Corp)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9Article VIII, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s 's rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in Section 1.06 of this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses Expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately proratedprorated as determined by the court or arbitrator which determines the adjudication or arbitration.

Appears in 1 contract

Samples: Indemnification Agreement (Natural Health Trends Corp)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.. Sucampo Pharmaceuticals, Inc. Director Indemnification Letter

Appears in 1 contract

Samples: Indemnification Agreement (Sucampo Pharmaceuticals, Inc.)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9Article VIII, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s 's rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in Section 1.3 of this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 1 contract

Samples: Indemnification Agreement (Enstar Inc)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part Sucampo Pharmaceuticals, Inc. Director Indemnification Letter but not all of the indemnification or advancement of expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 1 contract

Samples: Indemnification Agreement (Sucampo Pharmaceuticals, Inc.)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9Article VIII, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s rights under, or to recover damages for breach of, of this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in Section 1.07 of this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 1 contract

Samples: Indemnification Agreement (Comdata Network, Inc. Of California)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9Article VIII, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in Section 1.06 of this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses Expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately proratedprorated as determined by the court or arbitrator which determines the adjudication or arbitration.

Appears in 1 contract

Samples: Indemnification Agreement (Natural Health Trends Corp)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.. Sucampo Pharmaceuticals, Inc. Executive Indemnification Agreement

Appears in 1 contract

Samples: Indemnification Agreement (Sucampo Pharmaceuticals, Inc.)

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Expenses of Adjudication. In the event that the Indemnitee, pursuant to this Section 9ARTICLE VII, seeks a judicial adjudication of of, or an award in arbitration to enforce the Indemnitee’s 's rights under, or to recover damages for breach of, this Agreement, the Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in SECTION 1.4 of this Agreement) actually and reasonably incurred by the Indemnitee in such adjudication or arbitration, but only if the Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that the Indemnitee is entitled to receive part part, but not all of the indemnification or advancement of expenses sought, the expenses incurred by the Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 1 contract

Samples: Indemnification Agreement (Genesee Corp)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 98, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s 's rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 1 contract

Samples: Indemnification Agreement (Integramed America Inc)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9Article VIII, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in Section 1.06 of this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses Expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 1 contract

Samples: Indemnification Agreement (Intellect Neurosciences, Inc.)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9Article VIII, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in Section 1.6 of this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses Expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately proratedprorated as determined by the court or arbitrator which determines the adjudication or arbitration.

Appears in 1 contract

Samples: Indemnification Agreement (Sinohub, Inc.)

Expenses of Adjudication. In the event that Indemnitee, pursuant to ------------------------ this Section 9Article VIII, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s 's rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in Section 1.07 of this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses Expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 1 contract

Samples: Indemnification Agreement (Vivid Technologies Inc)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9Article VIII, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s 's rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in Section 1.08 of this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses Expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 1 contract

Samples: Indemnification Contract (Consygen Inc)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9Article VIII, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s 's rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in Section 1.07 of this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses Expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.

Appears in 1 contract

Samples: Director and Founders Agreement (Aerobic Creations, Inc.)

Expenses of Adjudication. In the event that Indemnitee, pursuant to this Section 9, seeks a judicial adjudication of or an award in arbitration to enforce Indemnitee’s rights under, or to recover damages for breach of, this Agreement, Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types described in the definition of Expenses in this Agreement) actually and reasonably incurred by Indemnitee in such adjudication or arbitration, but only if Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses sought, the expenses incurred by Indemnitee in connection with such adjudication or arbitration shall be appropriately prorated.. Sucampo Pharmaceuticals, Inc. Section 16 Officer Indemnification Letter

Appears in 1 contract

Samples: Indemnification Agreement (Sucampo Pharmaceuticals, Inc.)

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