Common use of Mandatory Payment of Expenses Clause in Contracts

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 110 contracts

Samples: Indemnification Agreement (Aruba Networks, Inc.), Indemnification Agreement (Microtune Inc), Indemnification Agreement (Advanced Analogic Technologies Inc)

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Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 94 contracts

Samples: Adherence Agreement (LexinFintech Holdings Ltd.), Adherence Agreement (LexinFintech Holdings Ltd.), Indemnification Agreement (Us Energy Corp)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewithherewith.

Appears in 38 contracts

Samples: Board of Directors Agreement (Kaival Brands Innovations Group, Inc.), Board of Directors Agreement (Kaival Brands Innovations Group, Inc.), Board of Directors Agreement (Kaival Brands Innovations Group, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 36 contracts

Samples: Indemnification Agreement (Synplicity Inc), Indemnification Agreement (Kyphon Inc), Indemnification Agreement (Driveway Corp)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 3(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewithherewith.

Appears in 29 contracts

Samples: Indemnity Agreement (Newgistics, Inc), Indemnification Agreement (LDR Holding Corp), Indemnification Agreement (Valence Technology Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 7 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action a Claim without prejudice, in defense of any Claim referred to in Section (1)(a) hereof or in the defense of any Claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 24 contracts

Samples: Executive Employment Agreement (Marizyme Inc), Indemnification Agreement (Genvor Inc), Indemnification Agreement (Inspyr Therapeutics, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 8 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 21 contracts

Samples: Adherence Agreement (Ninetowns Internet Technology Group Co LTD), Indemnification Agreement (BCD Semiconductor Manufacturing LTD), Adherence Agreement (Global Market Group LTD)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection therewithherewith.

Appears in 18 contracts

Samples: Indemnification Agreement (Intelligentias, Inc.), Board of Directors Agreement (Apollo Medical Holdings, Inc.), Shareholders Agreement (LDK Solar Co., Ltd.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 17 contracts

Samples: Indemnification Agreement (Iris International Inc), Indemnification Agreement (Ironclad Performance Wear Corp), Indemnification Agreement (Talon International, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimClaim regarding any Indemnifiable Event, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 17 contracts

Samples: Indemnification Agreement (Cymer Inc), Indemnification Agreement (Chay Enterprises, Inc.), Form of Indemnification Agreement (Rosewind CORP)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified indemnified, exonerated and held harmless against all Expenses incurred by Indemnitee in connection therewith.

Appears in 16 contracts

Samples: Indemnification Agreement (Ellie Mae Inc), Indemnification Agreement (Calix Networks Inc), Indemnification Agreement (LRAD Corp)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 15 contracts

Samples: Form of Indemnification Agreement (Palm Inc), Indemnification Agreement (Rational Software Corp), Indemnification Agreement (Efficient Networks Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Company shall indemnify Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 14 contracts

Samples: Indemnification and Advance Agreement (Vitro Biopharma, Inc.), Indemnification Agreement (New Relic Inc), Indemnification Agreement (Atara Biotherapeutics, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has the Indemnitees have been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection therewithherewith.

Appears in 11 contracts

Samples: Indemnification Agreement (Sirna Therapeutics Inc), Indemnification Agreement (Sirna Therapeutics Inc), Indemnification Agreement (Nationsrent Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that the Indemnitee has been successful on the merits or otherwise, including, without limitation, in the dismissal of an action without prejudice, in defense of any ClaimClaim referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewithherewith.

Appears in 11 contracts

Samples: Form of Director Indemnification Agreement (21 Vianet Group, Inc.), Form of Director and Officer Indemnification Agreement (TAL Education Group), Form of Indemnification Agreement (Leju Holdings LTD)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that an Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, the Indemnitee shall be indemnified against all Expenses incurred by the Indemnitee in connection therewithherewith.

Appears in 11 contracts

Samples: Indemnification Agreement (S1 Biopharma, Inc.), Indemnification Agreement (Marinus Pharmaceuticals Inc), Indemnification Agreement (S1 Biopharma, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of connection with any Claim, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee in connection therewith.

Appears in 10 contracts

Samples: Employment Agreement (Premier Holding Corp.), Indemnification Agreement (Talk America Holdings Inc), Indemnification Agreement (Tel Save Com Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimProceeding or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 10 contracts

Samples: Indemnification Agreement (Vocus, Inc.), Indemnification Agreement (Penson Worldwide Inc), Indemnification Agreement (Vocus, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimClaim regarding any Indemnifiable Event, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 10 contracts

Samples: Indemnification Agreement (Tripos Inc), Indemnification Agreement (Peregrine Systems Inc), Indemnification Agreement (Bluearc Corp)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement to the contrary (other than Section 10 hereof9), to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 10 contracts

Samples: Indemnification Agreement (Earth Biofuels Inc), Indemnification Agreement (Earth Biofuels Inc), Indemnification Agreement (Earth Biofuels Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 11 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 10 contracts

Samples: Employment Agreement (Christopher & Banks Corp), Indemnification Agreement (Collegium Pharmaceutical Inc), Indemnification Agreement (Monolithic Power Systems Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof10, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimClaim regarding any Indemnifiable Event, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 9 contracts

Samples: Indemnification Trust Agreement (Juniper Networks Inc), Indemnification Agreement (Juniper Networks Inc), Indemnification Agreement (Hireright Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 11 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimClaim regarding any Indemnifiable Event, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 9 contracts

Samples: Indemnification Agreement (Jayhawk Energy, Inc.), Indemnification Agreement (Feihe International Inc), Form of Indemnification Agreement (Facebook Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 2(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewithherewith.

Appears in 8 contracts

Samples: Indemnification Agreement (Cheniere Energy, Inc.), Indemnification Agreement (Cheniere Energy Partners, L.P.), Indemnification Agreement (Cheniere Energy Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision ----------------------------- of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 8 contracts

Samples: Indemnification Agreement (Nuance Communications), Indemnification Agreement (Emachines Inc /De/), Recapitalization Agreement (Mapquest Com Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith. Expense Advances.

Appears in 7 contracts

Samples: Indemnification Agreement (Digital Video Systems Inc), E (E Loan Inc), Indemnification Agreement (Pharmacyclics Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimClaim regarding any Indemnifiable Event, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 6 contracts

Samples: Indemnification Agreement (Intira Corp), Indemnification Agreement (Battery Express Inc), Indemnification Agreement (Pc Tel Inc)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 6 contracts

Samples: Indemnification Agreement (Sound Source Interactive Inc /De/), Indemnification Agreement (Happy Kids Inc), Indemnification Agreement (Analytical Graphics Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that an Indemnitee has been successful on the merits or otherwise, including, without limitation, in the dismissal of an action without prejudice, in defense of any ClaimClaim referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, such Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by such Indemnitee in connection therewithherewith.

Appears in 6 contracts

Samples: Senior Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Indemnification Agreement (Nobao Renewable Energy Holdings LTD), Indemnification Agreement (Nobao Renewable Energy Holdings LTD)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 7 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 5 contracts

Samples: Indemnification Agreement (Consonus Technologies, Inc.), Indemnification Agreement (Infinera Corp), Indemnification Agreement (Omniture, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof10, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 5 contracts

Samples: Indemnification Agreement (ADS Tactical, Inc.), Indemnification Agreement (Verso Paper Corp.), Form of Indemnification Agreement (Goodman Sales CO)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that the Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, the Indemnitee shall be indemnified against all Expenses incurred by the Indemnitee in connection therewithherewith.

Appears in 5 contracts

Samples: Indemnification Agreement (Seracare Life Sciences Inc), Indemnification Agreement (Global Energy Group Inc), Indemnification Agreement (Seracare Life Sciences Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section l(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 5 contracts

Samples: Indemnification Agreement (Mips Technologies Inc), Indemnification Agreement (Mips Technologies Inc), Indemnification Agreement (Eddie Bauer Holdings, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1) (a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by the Indemnitee in connection therewith.

Appears in 5 contracts

Samples: Indemnification Agreement (Superconductor Technologies Inc), Indemnification Agreement (Innovative Card Technologies Inc), Indemnification Agreement (Adera Mines LTD)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that an Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, such Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection therewith.

Appears in 4 contracts

Samples: Indemnification Agreement (Kempharm, Inc), Indemnification Agreement (Myovant Sciences Ltd.), Indemnification Agreement (Axovant Sciences Ltd.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofto the contrary, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimProceeding or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 4 contracts

Samples: Indemnification Agreement (Wellcare Health Plans, Inc.), Indemnification Agreement (Wellcare Health Plans, Inc.), Indemnification Agreement (Wellcare Health Plans, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any ClaimProceeding or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 4 contracts

Samples: Indemnification Agreement (Royal Gold Inc), Indemnification Agreement (Royal Gold Inc), Indemnification Agreement (Coldwater Creek Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwiseotherwise in defense of any Claim relating in whole or in part to an Indemnifiable Event, or in defense of any issue or matter therein, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 4 contracts

Samples: Indemnification Agreement (Zapata Corp), Indemnification Agreement, Indemnification Agreement

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 2 or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 4 contracts

Samples: Indemnification Agreement (Royal Gold Inc), Indemnification Agreement (Ciber Inc), Indemnification Agreement (Coldwater Creek Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that an Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudiceprejudice or the settlement of an action without an admission of liability, in the defense of any ClaimClaim referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, such Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by such Indemnitee in connection therewithherewith.

Appears in 4 contracts

Samples: Share Purchase Agreement (Momo Inc.), Series D Preferred Share Purchase Agreement (Momo Inc.), Share Purchase Agreement (Momo Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 8 hereof, to the extent that an Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, such Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection therewith.

Appears in 4 contracts

Samples: Indemnification Agreement (Xata Corp /Mn/), Indemnification Agreement (TCV Vii Lp), Corporation Director Indemnification Agreement (Xata Corp /Mn/)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that an Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (l)(a) hereof or in the defense of any claim, issue or matter therein, such Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection therewith.

Appears in 4 contracts

Samples: Indemnification Agreement (Combinatorx, Inc), Indemnification Agreement (U.S. Auto Parts Network, Inc.), Indemnification Agreement (U.S. Auto Parts Network, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwiseotherwise in the defense of any proceeding referred to in Section 1, includingor in the defense of any claim, issue or matter therein, including without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses expenses actually and reasonably incurred by Indemnitee in connection therewith.

Appears in 4 contracts

Samples: Form of Indemnification Agreement (Lamar Advertising REIT Co), Form of Indemnification Agreement (Gelesis Inc), Form of Indemnification Agreement (Lamar Advertising Co/New)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 3 contracts

Samples: Indemnification Agreement (Gammacan International Inc), Indemnification Agreement (Oramed Pharmaceuticals Inc.), Indemnification Agreement (Oramed Pharmaceuticals Inc.)

Mandatory Payment of Expenses. Notwithstanding any other -------------------------------- provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 3 contracts

Samples: Indemnification Agreement (Contessa Corp /De), Indemnification Agreement (Nava Leisure Usa Inc), Indemnification Agreement (Nava Leisure Usa Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that the Indemnitee has been successful on the merits or otherwise, including, without limitation, in the dismissal of an action without prejudice, in defense of any ClaimClaim referred to in Section 1.01 hereof or in the defense of any claim, issue or matter therein, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewithherewith.

Appears in 3 contracts

Samples: Form of Indemnification Agreement (Lixiang Education Holding Co . LTD), Form of Indemnification Agreement (SAMOYED HOLDING LTD), Indemnification Agreement (Trident Digital Tech Holdings Ltd.)

Mandatory Payment of Expenses. Notwithstanding any other --------------------------------- provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 3 contracts

Samples: Indemnification Agreement (Nava Leisure Usa Inc), Indemnification Agreement (Nava Leisure Usa Inc), Indemnification Agreement (Nava Leisure Usa Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimClaim referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 3 contracts

Samples: Indemnification Agreement (Alphanet Solutions Inc), Indemnification Agreement (Alphanet Solutions Inc), Officer Indemnification Agreement (Nocopi Technologies Inc/Md/)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimClaim regarding any Indemnifiable Event, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 3 contracts

Samples: Indemnification Agreement (Juniper Networks Inc), Indemnification Agreement (Clearwire Corp), Indemnification Agreement (Clearwire Corp)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an any action without prejudice, in defense of any ClaimClaim regarding any Indemnifiable Event, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 3 contracts

Samples: Indemnification Agreement (Pendrell Corp), Indemnification Agreement (Clearwire Corp /DE), Indemnification Agreement (ICO Global Communications (Holdings) LTD)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 7 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Indemnifiable Expenses incurred by Indemnitee in connection therewith.

Appears in 3 contracts

Samples: Indemnification Agreement (MKS Instruments Inc), Indemnification Agreement (MKS Instruments Inc), Indemnification Agreement (Newport Corp)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that the Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, the Indemnitee shall be indemnified indemnified, exonerated and held harmless against all Expenses incurred by the Indemnitee in connection therewith.

Appears in 3 contracts

Samples: Indemnification Agreement (Greenway Medical Technologies Inc), Indemnification Agreement (ExamWorks Group, Inc.), Indemnification Agreement (Gevo, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 3 contracts

Samples: Trans1 Inc. Indemnification Agreement (Trans1 Inc), Indemnification Agreement (QCS Net Corp), Indemnification Agreement (Micro Therapeutics Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by such Indemnitee in connection therewithherewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Alibris Inc), Indemnification Agreement (Alibris Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of ----------------------------- this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Tut Systems Inc), Indemnification Agreement (Tut Systems Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Proceeding, or in the defense of any Claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Transaction Systems Architects Inc), Indemnification Agreement (Aci Worldwide, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 11 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action a Claim without prejudice, in defense of any ClaimClaim regarding any Indemnifiable Event, Indemnitee shall be indemnified against all Expenses and Other Liabilities incurred by Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (PharmaCyte Biotech, Inc.), Indemnification Agreement (Fresh Grapes, LLC)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofSections 4(d) and 9, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimClaim (as to which all rights of appeal therefrom have been exhausted or lapsed), Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Discovery Laboratories Inc /De/), Indemnification Agreement (Discovery Laboratories Inc /De/)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, in whole or in part, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Keysight Technologies, Inc.), Indemnification Agreement (Agilent Technologies Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 8 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action a Claim without prejudice, in defense of any Claim referred to in Section (1)(a) hereof or in the defense of any Claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Tibco Software Inc), Indemnification Agreement (Magma Design Automation Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 11 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, prejudice in defense of any ClaimClaim or settlement contemplated under Section 6 of this Agreement regarding any Indemnifiable Event, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Synta Pharmaceuticals Corp), Indemnification Agreement (Synta Pharmaceuticals Corp)

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Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement Agreement, other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (2)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Form Of (Unity Bancorp Inc /Nj/), Indemnification Agreement (Unity Bancorp Inc /De/)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 2(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection therewithherewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Alloy Steel International Inc), Indemnification Agreement (Alloy Steel International Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement Agreement, other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Separation Agreement and General Release (Boundless Corp), Indemnification Agreement (Educational Video Conferencing Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an any action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Core-Mark Holding Company, Inc.), Indemnification Agreement (Navigation Technologies Corp)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry, or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue, or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (CSG Systems International Inc), Indemnification Agreement (CSG Systems International Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofSections 4(e) and 9, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimClaim (as to which all rights of appeal therefrom have been exhausted or lapsed), Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Discovery Laboratories Inc /De/), Indemnification Agreement (Windtree Therapeutics Inc /De/)

Mandatory Payment of Expenses. Notwithstanding any ----------------------------- other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (E Stamp Corp), Indemnification Agreement (Neomagic Corp)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful prevailed on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1) (a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by the Indemnitee in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Innovative Card Technologies Inc), Indemnification Agreement (Innovative Card Technologies Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that an Indemnitee has been successful on the merits or otherwise, including, without limitation, in the dismissal of an action without prejudice, in defense of any ClaimClaim referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, such Indemnitee shall be indemnified against all Expenses incurred by the Indemnitee in connection therewithherewith.

Appears in 2 contracts

Samples: Fund and Director Indemnification Agreement (Baozun Inc.), Fund and Director Indemnification Agreement (Baozun Cayman Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has Indemnitees have been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection therewithherewith.

Appears in 1 contract

Samples: Indemnification Agreement (Alliance Medical Corp)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimClaim arising out of a Covered Event, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Navigation Technologies Corporation (Navigation Technologies Corp)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits of any cause of action or otherwise, including, without limitation, the by dismissal of an action with or without prejudice, or by settlement, judgment, order or otherwise, in defense of any ClaimClaim referred to in Section l(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Silicon Graphics Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that the Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, the Indemnitee shall be indemnified indemnified, exonerated and held harmless against all Expenses incurred by the Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Kratos Defense & Security Solutions, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that the Indemnitee has been successful on the merits or otherwise, includingin the defense of any Claim referred to in Section 1(a) hereof or in the defense of any claim, without limitationissue or matter therein, including the dismissal of an any action without prejudice, in defense of any Claim, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by such Indemnitee in connection therewithherewith.

Appears in 1 contract

Samples: Indemnification Agreement (MINISO Group Holding LTD)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.. 3 4 3. Expense Advances. (a)

Appears in 1 contract

Samples: Multimedia Corporation Indemnification Agreement (Sanctuary Woods Multimedia Corp)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section SECTION 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimClaim regarding any Indemnifiable Event, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Superior Galleries Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that an Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimClaim referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, such Indemnitee shall be indemnified against all Expenses incurred by the Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (LianBio)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has have been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, prejudice in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Pro Dex Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision ----------------------------- of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (l)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Crossworlds Software Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Geeknet, Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofbelow, to the extent that the Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, the Indemnitee shall be indemnified against all Expenses incurred by the Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Nextfit, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, such Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement for Officers (Replidyne Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified by the Company, against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Infiniti Solutions LTD)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (l)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Crossworlds Software Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit (derivative or otherwise), proceeding, inquiry or investigation referred to in Section (l)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (American Bank Note Holographics Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 11 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimclaim regarding any Indemnifiable Event, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Biomarin Pharmaceutical Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that an Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Whitehall Jewellers Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has not breached this Agreement and has been successful on the merits or otherwise, including, without limitation, otherwise in the dismissal of an action without prejudice, in defense of any Claim, or any issue or matter therein (as to which all rights of appeal therefrom have been exhausted or lapsed), Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Cbot Holdings Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof9, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Plantronics Inc /Ca/)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 9 hereof, to the extent that an Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section (1)(a) hereof or in the defense of any claim, issue or matter therein, such Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Replidyne Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 Sections 9 and 13 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without with prejudice, in defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Innophos Investment Holdings, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been wholly or partly successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Solectron Corp)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any ClaimClaim referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewithherewith.

Appears in 1 contract

Samples: Indemnification Agreement (CoLucid Pharmaceuticals, Inc.)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement other than Section 10 section 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in section (1)(a) hereof or in the defense of any claim, issue or matter therein, such Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Garden Com Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 6 and 11 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Mela Sciences, Inc. /Ny)

Mandatory Payment of Expenses. Notwithstanding any other ----------------------------- provision of this Agreement other than Section 10 9 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any ClaimClaim regarding any Indemnifiable Event, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Captura Software Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 Sections 4 and 8 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action a Claim without prejudice, in defense of any ClaimClaim regarding any Indemnifiable Event, the Company shall indemnify Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewiththerewith to the extent permitted by law.

Appears in 1 contract

Samples: Indemnification Agreement (Princeton Review Inc)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified by the Companies, jointly and severally, against all Expenses incurred by Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Infiniti Solutions LTD)

Mandatory Payment of Expenses. Notwithstanding any other provision of this Agreement other than Section 10 hereofAgreement, to the extent that Indemnitee has been successful on the merits or otherwisemerits, including, without limitation, the dismissal of an action without prejudice, in the defense of any Claimaction, suit, proceeding, inquiry or investigation referred to in Section 1(a) hereof or in the defense of any claim, issue or matter therein, each Indemnitee shall be indemnified against all Expenses incurred by such Indemnitee in connection therewith.

Appears in 1 contract

Samples: Indemnification Agreement (Jamdat Mobile Inc)

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