Common use of Indemnification for Expenses of Party Who is Wholly or Partly Successful Clause in Contracts

Indemnification for Expenses of Party Who is Wholly or Partly Successful. Notwithstanding any other provision of this Agreement, and without limiting any such provision to the extent that Indemnitee is, by reason of Indemnitee’s Corporate Status, a party to and is successful, on the merits or otherwise, in any Proceeding, Indemnitee shall be indemnified for all Expenses reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection therewith. Without limiting any other rights of Indemnitee in this Agreement, if Indemnitee is not wholly successful in such Proceeding but is successful, on the merits or otherwise, as to one or more but less than all claims, issues or matters in such Proceeding, the Company shall indemnify Indemnitee for all Expenses reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection with each successfully resolved claim, issue or matter. For purposes of this Agreement, the termination of any claim, issue or matter in such a Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to such claim, issue or matter.

Appears in 3 contracts

Samples: Executive Employment Agreement (FelCor Lodging Trust Inc), Indemnification Agreement (FelCor Lodging Trust Inc), Indemnification Agreement (FelCor Lodging Trust Inc)

AutoNDA by SimpleDocs

Indemnification for Expenses of Party Who is Wholly or Partly Successful. Notwithstanding any other provision of this Agreement, and without limiting any such provision to the extent that the Indemnitee is, by reason of Indemnitee’s Corporate Company Status, a party to and is successful, on the merits or otherwise, in any Proceeding, Indemnitee shall be indemnified for against all Expenses actually and reasonably incurred by Indemnitee or on Indemnitee’s behalf of Indemnitee in connection therewith. Without limiting any other rights of Indemnitee in this Agreement, if If Indemnitee is not wholly successful in such Proceeding but is successful, on the merits or otherwise, as to one or more but less than all claims, issues or matters in such Proceeding, the Company shall indemnify Indemnitee for against all Expenses actually and reasonably incurred by Indemnitee or on Indemnitee’s behalf of Indemnitee in connection with each successfully resolved claim, issue or matter. For the purposes of this AgreementSection and without limiting the foregoing, the termination of any claim, issue or matter in any such a Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to such claim, issue or matter.

Appears in 2 contracts

Samples: Indemnification Agreement (Drew Industries Inc), Indemnification Agreement (Drew Industries Inc)

AutoNDA by SimpleDocs

Indemnification for Expenses of Party Who is Wholly or Partly Successful. Notwithstanding any other provision of this Agreement, to the fullest extent permitted by applicable law and without limiting any such provision to the extent that Indemnitee is, by reason of Indemnitee’s Corporate Status, is a party to (or a participant in) and is successful, on the merits or otherwise, in any ProceedingProceeding or in defense of any claim, issue or matter therein, in whole or in part, the Company shall indemnify Indemnitee shall be indemnified for against all Expenses actually and reasonably incurred by Indemnitee him/her or on Indemnitee’s his/her behalf in connection therewith. Without limiting any other rights of Indemnitee in this Agreement, if If Indemnitee is not wholly successful in such Proceeding but is successful, on the merits or otherwise, as to one or more but less than all claims, issues or matters in such Proceeding, the Company shall indemnify Indemnitee for against all Expenses actually and reasonably incurred by Indemnitee him/her or on Indemnitee’s his/her behalf in connection with or related to each successfully resolved claim, issue or mattermatter to the fullest extent permitted by law. For purposes of this AgreementSection and without limitation, the termination of any claim, issue or matter in such a Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to such claim, issue or matter.

Appears in 2 contracts

Samples: Indemnity Agreement (Fresh Tracks Therapeutics, Inc.), Indemnity Agreement (Brickell Biotech, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.