Insured Claims. The Company shall not be obligated to indemnify Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties and amounts paid in settlement) to the extent that Indemnitee has otherwise actually received payment, or payments have been made on behalf of Indemnitee, with respect to such expense or liability (under any insurance policy, provision of the Company’s Articles or Bylaws, or otherwise) of amounts otherwise Indemnifiable hereunder; or
Appears in 5 contracts
Samples: Indemnity Agreement (Avalonbay Communities Inc), Indemnity Agreement (Avalonbay Communities Inc), Form of Indemnity Agreement (Avalonbay Communities Inc)
Insured Claims. The Company shall not be obligated to indemnify Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties and amounts paid in settlement) to the extent that Indemnitee has otherwise actually received payment, or payments have been made on behalf of Indemnitee, with respect to such expense or liability (under any insurance policy, policy or provision of the Company’s Articles 's Certificate of Incorporation or Bylaws, or otherwise) of amounts otherwise Indemnifiable indemnifiable hereunder; or
Appears in 3 contracts
Samples: Indemnification Agreement (Shelbourne Properties Ii Inc), Indemnification Agreement (Shelbourne Properties Iii Inc), Indemnification Agreement (Shelbourne Properties I Inc)
Insured Claims. The Company shall not be obligated to indemnify Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties penalties, and amounts paid in settlement) to the extent that Indemnitee has otherwise actually received payment, or payments have been made on behalf paid directly to Indemnitee by an insurance carrier under a policy of Indemnitee, with respect to such expense or officers' and directors' liability (under any insurance policy, provision of maintained by the Company’s Articles or Bylaws, or otherwise) of amounts otherwise Indemnifiable hereunder; or
Appears in 2 contracts
Samples: Indemnification Agreement (Work International Corp), Indemnification Agreement (Silverleaf Resorts Inc)
Insured Claims. The Company shall not be obligated to indemnify Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties and amounts paid in settlement) to the extent that Indemnitee has otherwise actually received payment, or payments have been made on behalf of Indemnitee, with respect to such expense or liability (under any insurance policy, provision of the Company’s 's Articles or Bylaws, or otherwise) of amounts otherwise Indemnifiable hereunder; or
Appears in 1 contract
Insured Claims. The Company shall not be obligated to indemnify Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties and amounts paid in settlement) to the extent that Indemnitee has otherwise actually received payment, or payments have been made on behalf of Indemnitee, with respect to such expense or liability (under any insurance policy, provision of the Company’s 's Amended and Restated Articles of Incorporation or Amended and Restated Bylaws, or otherwise) of amounts otherwise Indemnifiable indemnifiable hereunder; or
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