Indemnitee Rights on Unfavorable Determination; Binding Effect. If any Reviewing Party determines that Indemnitee is not entitled to be indemnified hereunder in whole or in part under applicable law, Indemnitee shall have the right to commence litigation seeking a determination by the Delaware Court or challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and, subject to the provisions of Section 15, the Company hereby consents to service of process and to appear in any such proceeding. Absent such litigation, any determination by any Reviewing Party will be conclusive and binding on the Company and Indemnitee.
Appears in 2 contracts
Samples: Indemnification Agreement (Azitra Inc), Indemnification Agreement (Cortigent, Inc.)
Indemnitee Rights on Unfavorable Determination; Binding Effect. If any Reviewing Party determines that Indemnitee is not entitled to be indemnified hereunder in whole or in part under applicable law, Indemnitee shall have the right to commence litigation in the Delaware Court of Chancery seeking a an initial determination by the Delaware Court court or challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and, subject to the provisions of Section 1515 hereof, the Company hereby consents to service of process and to appear in any such proceeding. Absent such litigation, any determination by any Reviewing Party will shall be conclusive and binding on the Company and Indemnitee.
Appears in 2 contracts
Samples: Indemnification Agreement (Aruba Networks, Inc.), Indemnification Agreement (Aruba Networks, Inc.)
Indemnitee Rights on Unfavorable Determination; Binding Effect. If any Reviewing Party determines that Indemnitee substantively is not entitled to be indemnified hereunder in whole or in part under applicable Delaware law, Indemnitee shall have the right to commence litigation seeking a an initial determination by the Delaware Court or court challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and, subject to the provisions of Section 15, the Company hereby consents to service of process and to appear in any such proceeding. Absent such litigation, any determination by any Reviewing Party will shall be conclusive and binding on the Company and Indemnitee.
Appears in 2 contracts
Samples: Indemnification Agreement (Alphasmart Inc), Indemnification Agreement (Alphasmart Inc)
Indemnitee Rights on Unfavorable Determination; Binding Effect. If any Reviewing Party determines that Indemnitee substantively is not entitled to be indemnified hereunder in whole or in part under applicable Delaware law, Indemnitee shall have the right to commence litigation seeking a an initial determination by the Delaware Court or court challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and, subject to the provisions of Section 15, the Company hereby consents to service of process and to appear in any such proceeding. Absent such subject litigation, any determination by any Reviewing Party will shall be conclusive and binding on the Company and Indemnitee.
Appears in 1 contract
Samples: Indemnification Agreement (Navigation Technologies Corp)
Indemnitee Rights on Unfavorable Determination; Binding Effect. If any Reviewing Party determines that Indemnitee substantively is not entitled to be indemnified hereunder in whole or in part under applicable Delaware law, Indemnitee shall have the right to commence litigation seeking a an initial determination by the Delaware Court or court challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases basis therefor, and, subject to the provisions of Section 1516, the Company hereby consents to service of process and to appear in any such proceeding. Absent such litigation, any determination by any Reviewing Party will shall be conclusive and binding on the Company and Indemnitee.
Appears in 1 contract
Samples: Indemnification Agreement (Core-Mark Holding Company, Inc.)
Indemnitee Rights on Unfavorable Determination; Binding Effect. If any Reviewing Party determines that Indemnitee substantively is not entitled to be indemnified hereunder in whole or in part under applicable Delaware law, Indemnitee shall have the right to commence litigation seeking a an initial determination by the Delaware Court court or challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and, subject to the provisions of Section 15, the Company hereby consents to service of process and to appear in any such proceeding. Absent such litigation, any determination by any Reviewing Party will shall be conclusive and binding on the Company and Indemnitee.
Appears in 1 contract
