Common use of Mutual Acknowledgement Clause in Contracts

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 62 contracts

Samples: Indemnification Agreement (Recom Managed Systems Inc De/), Indemnification Agreement (Recom Managed Systems Inc De/), Indemnification Agreement (Avx Corp)

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Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 56 contracts

Samples: Indemnification Agreement (Hawaiian Holdings Inc), Indemnification Agreement (Hawaiian Holdings Inc), Indemnification Agreement (Hawaiian Holdings Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 41 contracts

Samples: Indemnification Agreement (Social Reality), Indemnification Agreement (Inspyr Therapeutics, Inc.), Indemnification Agreement (Ultimate Electronics Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 38 contracts

Samples: Indemnification Agreement (Autodesk Inc), Indemnification Agreement (Carrier Access Corp), Indemnification Agreement (Digital Video Systems Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 35 contracts

Samples: Indemnification Agreement (Act Teleconferencing Inc), Indemnification Agreement (West Marine Inc), Indemnification Agreement (Genvor Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 21 contracts

Samples: Indemnification Agreement (McClatchy Co), Indemnification Agreement (Healthetech Inc), Indemnification Agreement (Tripos Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees and/or agents under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 6 contracts

Samples: Indemnification Agreement (DVD Express Inc), Indemnification Agreement (Symposium Telecom Corp), Indemnification Agreement (Tag It Pacific Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to in a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 3 contracts

Samples: Indemnification Agreement (Tailwind Financial Inc.), Indemnification Agreement (Navitas International CORP), Indemnification Agreement (Navitas International CORP)

Mutual Acknowledgement. Both the The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right rights under public policy to indemnify the Indemnitee.

Appears in 2 contracts

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

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right rights under public policy to indemnify Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Network Holdings International Inc), Indemnification Agreement (Go Call Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees and/or agents under this Agreement or otherwiseother wise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Fox Family Worldwide Inc), Indemnification Agreement (Fox Kids Worldwide Inc)

Mutual Acknowledgement. Both the Company Corporation and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company Corporation has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's Corporation’s right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Provide Commerce Inc), Indemnification Agreement (Memec Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may override applicable state law and may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Kabira Technologies Inc), Form of Indemnification Agreement (Kabira Technologies Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its, or its directors and officers subsidiaries, directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Separation Agreement and General Release (Boundless Corp)

Mutual Acknowledgement. Both the The Company and each Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right rights under public policy to indemnify Indemniteethe Indemnitees.

Appears in 1 contract

Samples: Indemnification Agreement (Powerwave Technologies Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal United States of America federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Crystal Decisions Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable law or public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Vari L Co Inc)

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Mutual Acknowledgement. Both The Company and Indemnitee acknowledge that, in certain instances, federal law or public policy may override applicable state law and prohibit the Company from indemnifying Indemnitee under this Agreement or otherwise. For example, the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit (the question of "SEC") has taken the position that indemnification to a court in is not permissible for liabilities arising under certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.federal

Appears in 1 contract

Samples: Indemnification Agreement (Advanced Digital Information Corp)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers key executives under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee. 8.

Appears in 1 contract

Samples: Z) Indemnification Agreement (Applied Magnetics Corp)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands un derstands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Marchfirst Inc)

Mutual Acknowledgement. Both the Company Corporation and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company Corporation has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the CompanyCorporation's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Odimo INC)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers directors, officers, employees, agents or fiduciaries under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify indemnity Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Valley Media Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or of otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's ’s right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Pac-West Telecomm Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal law or state law, regulation or applicable public policy may prohibit the Company from indemnifying its directors and officers Indemnitee under this Agreement or otherwise. Indemnitee understands under stands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification indemni fication to a court in certain circumstances for a determination of the Company's right under law or public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Signature Eyewear Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers Indemnitee under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with to the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (St John Trademarks Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may override applicable state law and prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a judicial determination of the Company's right under public policy ability to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Kaynar Holdings Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, instances Federal law or applicable public policy may prohibit the Company from indemnifying its directors directors, officers and officers employees under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Kanbay International Inc)

Mutual Acknowledgement. Both the Company and Indemnitee acknowledge that in certain instances, Federal applicable law or applicable public policy may prohibit the Company from indemnifying its directors and officers Indemnitee under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the United States Securities and Exchange Commission or another governmental agency of competent jurisdiction to submit the question of indemnification to a court in certain circumstances for a determination of if the Company's right Company is permitted under applicable law or public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (ObsEva SA)

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