Common use of Expenses of Adjudication Clause in Contracts

Expenses of Adjudication. If, in accordance with this Article, Indemnitee seeks an adjudication 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 any and all expenses (of the types described in the definition of Expenses in Section 1.6) 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 Indemnitee shall be entitled to recover expenses from the Company on a pro-rata basis.

Appears in 4 contracts

Samples: Indemnification Agreement (Peaches Entertainment Corp), Indemnification Agreement (Peaches Entertainment Corp), Indemnification Agreement (Urt Industries Inc)

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Expenses of Adjudication. If, in accordance with this Article, In the event that Indemnitee seeks an adjudication or an award in arbitration to enforce Indemnitee's his 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 type described in the definition of Expenses in Section 1.6Expenses) 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 Indemnitee shall be entitled to recover expenses from the Company on a pro-pro rata basis.

Appears in 2 contracts

Samples: Indemnification Agreement (First Mercury Financial Corp), Indemnification Agreement (First Mercury Financial Corp)

Expenses of Adjudication. If, in accordance with this Article, In the event that an Indemnitee seeks an adjudication or an award in arbitration to enforce Indemnitee's his rights under, or to recover damages for breach of, this Agreement, such Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all expenses (of the types type described in the definition of Expenses in Section 1.6Expenses) actually and reasonably incurred by such Indemnitee in such adjudication or arbitration, but only if the Indemnitee prevails therein. If it shall be determined in such adjudication or arbitration that an Indemnitee is entitled to receive part but not all of the indemnification or advancement of expenses Expenses sought, the such Indemnitee shall be entitled to recover expenses from the Company on a pro-pro rata basis.

Appears in 1 contract

Samples: Indemnification Agreement (Sheffield Pharmaceuticals Inc)

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Expenses of Adjudication. If, in accordance with this Article, In the event that Indemnitee seeks an adjudication or an award in arbitration to enforce Indemnitee's his 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 type described in the definition of Expenses in Section 1.6Expenses) 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 Indemnitee shall be entitled to recover expenses from the Company on a pro-pro rata basis.

Appears in 1 contract

Samples: Indemnification Agreement (Maynard Oil Co)

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