Common use of Mandatory Indemnification Clause in Contracts

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 150 contracts

Samples: Indemnification Agreement (Intellon Corp), Indemnification Agreement (Pacific Biosciences of California Inc), Indemnification Agreement (Netsuite Inc)

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Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 37 contracts

Samples: Indemnification Agreement (China Yuchai International LTD), Indemnification Agreement (China Yuchai International LTD), Indemnification Agreement (China Yuchai International LTD)

Mandatory Indemnification. Notwithstanding any other provision of this AgreementAgreement (other than Section 2(f) below), to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 21 contracts

Samples: Consulting Agreement (Clearsign Combustion Corp), Employment Agreement (Top Flight Gamebirds, Inc.), Consulting Agreement (Clearsign Combustion Corp)

Mandatory Indemnification. Notwithstanding any other provision of this AgreementAgreement (other than Section 2(f) below), to the extent that Indemnitee has been successful on the merits or otherwise in defense of or any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 14 contracts

Samples: Indemnification Agreement (Material Technologies Inc /Ca/), Indemnification Agreement (MATECH Corp.), Indemnification Agreement (Texxon Inc)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter thereinin such Proceeding, Indemnitee shall be indemnified against all Expenses incurred in connection therewithwith such issue, matter, or event.

Appears in 12 contracts

Samples: Indemnification Agreement (Biomimetic Therapeutics, Inc.), Indemnification Agreement (Psychiatric Solutions Inc), Indemnification Agreement (Psychiatric Solutions Inc)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified only against all Expenses incurred in connection therewithwith such successful issue or matter.

Appears in 7 contracts

Samples: Indemnification Agreement (AutoGenomics, Inc.), Indemnification Agreement (AutoGenomics, Inc.), Indemnification Agreement (AutoGenomics, Inc.)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified by Mallinckrodt plc hereunder against all Expenses incurred in connection therewith.

Appears in 6 contracts

Samples: Deed of Indemnification (Mallinckrodt PLC), Deed of Indemnification (Mallinckrodt PLC), Deed of Indemnification (Mallinckrodt PLC)

Mandatory Indemnification. Notwithstanding any other provision ------------------------- of this Agreement, to the extent that Indemnitee the indemnitee has been successful on the merits or otherwise in defense of any Proceeding proceeding relating in whole or in part to an Indemnifiable Event indemnifiable event or in defense of any issue or matter thereinin such proceeding, Indemnitee the indemnitee shall be indemnified against all Expenses reasonable expenses incurred in connection therewithwith such whole or part, as the case may be.

Appears in 6 contracts

Samples: Bridge Loan and Security Agreement (Virtual Mortgage Network Inc), Bridge Loan and Security Agreement (Virtual Mortgage Network Inc), Bridge Loan and Security Agreement (Virtual Mortgage Network Inc)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter thereinin such proceeding, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 4 contracts

Samples: Indemnity Agreement (Penthouse International Inc), Indemnity Agreement (American Pulp Exchange Inc), Indemnity Agreement (American Pulp Exchange Inc)

Mandatory Indemnification. Notwithstanding any other provision of ------------------------- this AgreementAgreement (other than Section 2(f) below), to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 4 contracts

Samples: Indemnification Agreement (More Com Inc), Indemnification Agreement (American Pharmaceutical Partners Inc /Ca/), Indemnification Agreement (Digimarc Corp)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewiththerewith that are indemnifiable pursuant to the terms of this Agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (Upland Software, Inc.), Indemnification Agreement (Bazaarvoice Inc), Indemnification Agreement (Homeaway Inc)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses Indemnifiable Losses incurred in connection therewiththerewith and shall not be required to attain a favorable determination by a Reviewing Party under Section 4 of this Agreement prior to receiving such indemnification.

Appears in 3 contracts

Samples: Director and Officer Indemnification Agreement (Bespoke Capital Acquisition Corp), Retirement and Transition Services Agreement (Comscore, Inc.), Indemnification Agreement (Comscore, Inc.)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee in connection therewith.

Appears in 3 contracts

Samples: Indemnification Agreement (Key Energy Services Inc), Indemnification Agreement (Pacwest Bancorp), Indemnification Agreement (Osi Systems Inc)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified by Tyco Management hereunder against all Expenses incurred in connection therewith.

Appears in 3 contracts

Samples: Indemnification Agreement (TYCO INTERNATIONAL PLC), Indemnification Agreement (Johnson Controls International PLC), Indemnification Agreement (TYCO INTERNATIONAL PLC)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter thereinin such Proceeding, Indemnitee shall be indemnified against all Expenses incurred in connection therewithwith that Proceeding.

Appears in 2 contracts

Samples: Indemnification Agreement (Greater Bay Bancorp), Form of Indemnification Agreement (GBB Capital I)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith, except with respect to any portion of the Proceeding relating to a non-Indemnifiable Event.

Appears in 2 contracts

Samples: Indemnification Agreement (Realpage Inc), Indemnification Agreement (Concentric Medical Inc)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified by Sucampo hereunder against all Expenses incurred in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Mallinckrodt PLC), Indemnification Agreement (Mallinckrodt PLC)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified by Xxxxxxx Controls hereunder against all Expenses incurred in connection therewith.

Appears in 2 contracts

Samples: Deed of Indemnification (TYCO INTERNATIONAL PLC), Deed of Indemnification (Johnson Controls International PLC)

Mandatory Indemnification. Notwithstanding any other provision of this AgreementAgreement (except Section 16 below), to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an a Type 1 Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (ACE LTD), Indemnification Agreement (Ace LTD)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Expenses incurred in connection therewith.

Appears in 2 contracts

Samples: Amended Indemnification Agreement (Panhandle Oil & Gas Inc), Indemnification Agreement (PHX Minerals Inc.)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Centennial Bank Holdings, Inc.), Indemnification Agreement (First Community Bancorp /Ca/)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified by Covidien Ltd. hereunder against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Covidien PLC)

Mandatory Indemnification. Notwithstanding any other provision of this AgreementAgreement (other than Section 2(f) below), and without limiting Indemnitee’s rights hereunder, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Songzai International Holding Group Inc)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, or has been unsuccessful but has not been found to be grossly negligent or guilty of willful misconduct, the Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (MiX Telematics LTD)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, except as provided in Section 11 of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter thereinProceeding, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (JDS Uniphase Corp /Ca/)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding proceeding relating in whole or in part to an Indemnifiable Event indemnifiable event or in defense of any issue or matter thereinin such proceeding, Indemnitee shall be indemnified against all Expenses expenses incurred in connection therewithwith that proceeding.

Appears in 1 contract

Samples: Indemnification Agreement (Overland Data Inc)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith, except with respect to any portion of the proceeding relating to a non-Indemnifiable Event.

Appears in 1 contract

Samples: Indemnification Agreement (Xtent Inc)

Mandatory Indemnification. Notwithstanding any other provision of this Agreementthe Agreement (other than Section 3(f) below), to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Monmouth Real Estate Investment Corp)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified by Covidien plc hereunder against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Covidien PLC

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Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter thereinin such Proceeding, Indemnitee shall be indemnified against with respect to all Applicable Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Raymond James Financial Inc)

Mandatory Indemnification. Notwithstanding any other provision of ------------------------- this AgreementAgreement (other than Section 2(f) below), to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Xoom Inc)

Mandatory Indemnification. Notwithstanding any other provision of this AgreementAgreement (except Section 16 below), to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an a Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Officer Indemnification Agreement (Chubb LTD)

Mandatory Indemnification. Notwithstanding any other provision of this AgreementAgreement (other than Section 2(f) below), to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or Loanout Agreement - Orient Paper in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Loanout Agreement (Orient Paper Inc.)

Mandatory Indemnification. Notwithstanding any other provision of this AgreementAgreement (other than Section 7 below), to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Zumiez Inc)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event Event, or in defense of any claim, issue or matter therein, the Company shall indemnify Indemnitee shall be indemnified from and against any and all Expenses Indemnifiable Amounts incurred in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Pier 1 Imports Inc/De)

Mandatory Indemnification. Notwithstanding any other provision of this AgreementAgreement (other than Section 2(f) below), to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Organic Inc)

Mandatory Indemnification. Notwithstanding any other provision of ------------------------- this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Cybersource Corp)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith., except with respect to any portion of the proceeding relating to a non-Indemnifiable Event

Appears in 1 contract

Samples: Alien Technology Corporation (Alien Technology Corp)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding proceeding relating in whole or in part to an Indemnifiable Event indemnifiable event or in defense of any issue or matter thereinin such proceeding, Indemnitee shall be indemnified against all Expenses expenses incurred in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Franklin Telecommunications Corp)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified by Tyco International plc hereunder against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Deed of Indemnification (TYCO INTERNATIONAL PLC)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an a Type 1 Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Ace LTD)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified by the Company hereunder against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Deed of Indemnification (Covidien Ltd.)

Mandatory Indemnification. Notwithstanding any other provision of this AgreementAgreement (other than SECTION 2(f) below), to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter thereinin such Proceeding, Indemnitee shall be indemnified against all Expenses incurred in connection therewithwith that Proceeding.

Appears in 1 contract

Samples: Indemnification Agreement (Overland Data Inc)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that the Indemnitee has been successful on the merits or otherwise in defense defence of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense defence of any issue or matter therein, the Indemnitee shall be indemnified by Strongbridge hereunder against all Expenses incurred in connection therewith.

Appears in 1 contract

Samples: Agreement (Strongbridge Biopharma PLC)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred in connection comiection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Excaliber Enterprises, Ltd.)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful successful, whether in whole or in part, on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter therein, Indemnitee shall be indemnified against all Expenses Indemnifiable Losses actually and reasonably incurred in connection therewiththerewith and shall not be required to attain a favorable determination by a Reviewing Party under Section 4 of this Agreement prior to receiving such indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Comscore, Inc.)

Mandatory Indemnification. Notwithstanding any other provision of this AgreementAgreement provision, to the extent that the Indemnitee has been successful on the merits or otherwise in defense of defending any Proceeding relating in whole or in part to an Indemnifiable Event Event, or in defense of defending any issue or matter thereinin such Proceeding, the Indemnitee shall will be indemnified against all Expenses actually and reasonably paid or incurred in connection therewithwith the entire Proceeding.

Appears in 1 contract

Samples: Indemnification Agreement (Nextg Networks Inc)

Mandatory Indemnification. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding relating in whole or in part to an Indemnifiable Event or in defense of any issue or matter thereinin such Proceeding, Indemnitee shall be indemnified against all Expenses incurred in connection therewithwith such issue, matter, or event, without the necessity of authorization in the specific case.

Appears in 1 contract

Samples: Indemnification Agreement (Parent Holding Corp)

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