Common use of Failure to Indemnify Clause in Contracts

Failure to Indemnify. (a) If a claim under this Agreement, under any statute, or under any provision of the Certificate or By-Laws providing for indemnification, is not paid in full by the Company within 45 days after a written request for payment thereof has first been received by the Company, Indemnitee may, but need not, at any time thereafter bring an action against the Company to recover the unpaid amount of the claim and, if successful in whole or in part, Indemnitee shall also be entitled to be paid for Indemnitee's reasonable expenses, including attorneys' fees, actually and necessarily incurred in connection with successfully establishing the right to indemnification, in whole or in part, in any such action shall also be indemnified by the Company.

Failure to Indemnify. (a) a. If a claim for Liabilities or Expenses under this Agreement, under any statute, or under any provision of the Certificate or By-Laws Bylaws providing for indemnification, is not paid in full by the Company within 45 days after a written request for payment thereof has first been received by the Company, Indemnitee may, but need not, at any time thereafter bring an action against the Company to recover the unpaid amount of the claim and, if successful in whole or in part, Indemnitee shall also be entitled to be paid for Indemnitee's ’s reasonable expenses, including attorneys' ’ fees, actually and necessarily incurred in connection with successfully establishing the right to indemnificationestablishing, in whole or in part, in any such action shall also be indemnified by the Companyright to indemnification.

Failure to Indemnify. (a) If a claim under this Agreement, under any statute, or under any provision of the Certificate or By-Laws Bylaws providing for indemnification, is not paid in full by the Company within 45 days after a written request for payment thereof has first been received by the Company, Indemnitee may, but need not, at any time thereafter bring an action against the Company to recover the unpaid amount of the claim and, if successful in whole or in part, Indemnitee shall also be entitled to be paid for Indemnitee's ’s reasonable expenses, including attorneys' ’ fees, actually and necessarily incurred in connection with successfully establishing the right to indemnification, in whole or in part, in any such action shall also be indemnified by the Company.