Common use of Mutual Acknowledgement Clause in Contracts

Mutual Acknowledgement. The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights under public policy to indemnify Indemnitee.

Appears in 21 contracts

Samples: Indemnification Agreement (Masergy Communications Inc), Indemnification Agreement (Apollo Endosurgery, Inc.), Indemnification Agreement (Valence Technology Inc)

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Mutual Acknowledgement. The Company Both the Corporation and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or Corporation 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 rights Corporation's right under public policy to indemnify Indemnitee.

Appears in 15 contracts

Samples: Director and Officer Indemnification Agreement (Along Mobile Technologies Inc), Director and Officer Indemnification Agreement (Along Mobile Technologies Inc), Director and Officer Indemnification Agreement (Along Mobile Technologies Inc)

Mutual Acknowledgement. The 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, officers, employees, controlling persons, agents or fiduciaries officers and employees 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 rights right under public policy to indemnify Indemnitee.

Appears in 13 contracts

Samples: Indemnification Agreement (Clearsign Combustion Corp), Consulting Agreement (Clearsign Combustion Corp), Consulting Agreement (Clearsign Combustion Corp)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law the laws of the United States or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers 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 rights right under public policy to indemnify Indemnitee.

Appears in 11 contracts

Samples: Indemnification Agreement (Jack Cooper Logistics, LLC), Indemnification Agreement (Jack Cooper Logistics, LLC), Indemnification Agreement (Jack Cooper Logistics, LLC)

Mutual Acknowledgement. The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 's rights under public policy to indemnify Indemnitee.

Appears in 11 contracts

Samples: Indemnification Agreement (Activecare, Inc.), Indemnification Agreement (Fischer Imaging Corp), Indemnification Agreement (Fischer Imaging Corp)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge ---------------------- that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 10 contracts

Samples: Indemnification Agreement (2bridge), Indemnification Agreement (American Ecology Corp), Indemnification Agreement (Notify Corp)

Mutual Acknowledgement. The Company Both the Corporation and the Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each The 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 rights right under public policy to indemnify the Indemnitee.

Appears in 10 contracts

Samples: Indemnification Agreement (Euronet Worldwide Inc), Indemnification Agreement (Nic Inc), Indemnification Agreement (TVAX Biomedical, Inc.)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge ---------------------- that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 9 contracts

Samples: Indemnification Agreement (Netframe Systems Inc), Indemnification Agreement (Netflix Com Inc), Indemnification Agreement (Resonate Inc)

Mutual Acknowledgement. The Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each The 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 rights under public policy to indemnify an Indemnitee.

Appears in 9 contracts

Samples: Indemnification Agreement (Marinus Pharmaceuticals Inc), Indemnification Agreement (Marinus Pharmaceuticals Inc), Indemnification Agreement (Marinus Pharmaceuticals Inc)

Mutual Acknowledgement. The Company and each Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights under public policy to indemnify Indemniteethe Indemnitees.

Appears in 9 contracts

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

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights right under public policy to indemnify Indemnitee.

Appears in 9 contracts

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

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, officers and other corporate 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 rights right under public policy to indemnify Indemnitee.

Appears in 8 contracts

Samples: Indemnification Agreement (Tekelec), Indemnification Agreement (Sonicwall Inc), Indemnification Agreement (NeurogesX Inc)

Mutual Acknowledgement. The 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, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 8 contracts

Samples: Indemnification Agreement (Carsdirect Com Inc), Indemnification Agreement (Andromedia Inc), Indemnification Agreement (Hollis Eden Pharmaceuticals Inc /De/)

Mutual Acknowledgement. The 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, officers, employees, controlling personsconsultants, fiduciaries or 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 rights right, under public policy policy, to indemnify Indemnitee.

Appears in 6 contracts

Samples: Sponsor Stockholders Agreement (Denali Holding Inc.), Securities Purchase Agreement (Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp.), Indemnification Agreement (Denali Holding Inc.)

Mutual Acknowledgement. The Company Both the Corporation and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or Corporation 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 rights right under public policy to indemnify Indemnitee.

Appears in 6 contracts

Samples: Indemnification Agreement (Bakhu Holdings, Corp.), Form of Indemnification Agreement (Kings Road Entertainment Inc), Indemnification Agreement (Rvision, Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, officers and 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 rights right under public policy to indemnify Indemnitee.

Appears in 6 contracts

Samples: Employment Agreement (Newpark Resources Inc), Indemnification Agreement (Newpark Resources Inc), Indemnification Agreement (Newpark Resources Inc)

Mutual Acknowledgement. The 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, officers, employees, controlling persons, agents or fiduciaries officers and employees 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 rights right under public policy to indemnify Indemnitee.

Appears in 6 contracts

Samples: Form of Indemnification Agreement (Innerworkings Inc), Form of Indemnification Agreement (Rubicon Technology, Inc.), Form of Indemnification Agreement (Vera Bradley, Inc.)

Mutual Acknowledgement. The 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, officers, employees, controlling persons, agents or fiduciaries directors and officers 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 rights right under public policy to indemnify Indemnitee.

Appears in 6 contracts

Samples: Indemnification Agreement (Us Ecology, Inc.), Indemnification Agreement (Zynex Inc), Indemnification Agreement (L-1 Identity Solutions, Inc.)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 4 contracts

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

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling personsagents, 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 rights right under public policy to indemnify Indemnitee.

Appears in 4 contracts

Samples: Indemnification Agreement (Altitude International Holdings, Inc.), Indemnification Agreement (Altitude International Holdings, Inc.), Indemnification Agreement (Altitude International Holdings, Inc.)

Mutual Acknowledgement. The Company and each Indemnitee ---------------------- acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 's rights under public policy to indemnify Indemniteethe Indemnitees.

Appears in 3 contracts

Samples: Indemnification Agreement (Kintana Inc), Indemnification Agreement (Kana Communications Inc), Indemnification Agreement (Releasenow Com Corp)

Mutual Acknowledgement. The Company and each Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 's rights under public policy to indemnify Indemniteethe Indemnitees.

Appears in 3 contracts

Samples: Indemnification Agreement (Nationsrent Inc), Solicitation Agreement (Ribozyme Pharmaceuticals Inc), Indemnification Agreement (Alliance Medical Corp)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, officers and other corporate agents or fiduciaries advancing Expenses 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 rights right under public policy to indemnify Indemnitee.

Appears in 3 contracts

Samples: Indemnification Agreement (Aradigm Corp), Indemnification Agreement (Williams Sonoma Inc), Indemnification Agreement (Williams Sonoma Inc)

Mutual Acknowledgement. The Company and each Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands The Indemnitees understand and acknowledges acknowledge 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 rights under public policy to indemnify an Indemnitee.

Appears in 3 contracts

Samples: Indemnification Agreement (Protalex Inc), Indemnification Agreement (Protalex Inc), Indemnification Agreement (Patient Safety Technologies, Inc)

Mutual Acknowledgement. The 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, officers, employees, controlling persons, agents or fiduciaries directors and officers 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 3 contracts

Samples: Indemnification Agreement (Skillsoft Public Limited Co), Indemnification Agreement (Skillsoft Public Limited Co), Indemnification Agreement (Skillsoft Public Limited Co)

Mutual Acknowledgement. The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights under public policy to indemnify Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Chaus Bernard Inc), Indemnification Agreement (Chaus Bernard Inc)

Mutual Acknowledgement. The Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each The 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 rights under public policy to indemnify the Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Aclaris Therapeutics, Inc.), Indemnification Agreement (Aclaris Therapeutics, Inc.)

Mutual Acknowledgement. The Company Both the Corporation and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company Corporation from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers under this Agreement or otherwise. Each 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 rights right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Coskata, Inc.), Merger Corporation Indemnification Agreement (Momentum Merger Corp)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or and 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Samples: Director and Officer Indemnification Agreement (QRS Corp), Indemnification Agreement (Penson Worldwide Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Comstock Homebuilding Companies, Inc.), Indemnification Agreement (Wellcare Group Inc)

Mutual Acknowledgement. The 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, officers, employees, controlling persons, agents or fiduciaries directors and officers 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Emageon Inc), Englobal Corporation Indemnification Agreement (Englobal Corp)

Mutual Acknowledgement. The Company and the Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors, managers, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each The 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 rights under public policy to indemnify the Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Ritz Interactive, Inc.), Indemnification Agreement (Universal Electronics Inc)

Mutual Acknowledgement. The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries of the Company and its subsidiaries 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 rights under public policy to indemnify Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Cheniere Energy Inc), Indemnification Agreement (Cheniere Energy Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal federal or other applicable law or applicable public policy articulated by the Securities and Exchange Commission may prohibit the Company from indemnifying its directors, officers, employees, controlling personsagents, agents fiduciaries or fiduciaries related parties 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 rights right under public policy to indemnify Indemnitee.

Appears in 2 contracts

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

Mutual Acknowledgement. The Company and the Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors, managers, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each The 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 rights under public policy to indemnify the Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Seracare Life Sciences Inc), Indemnification Agreement (Seracare Life Sciences Inc)

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

Appears in 2 contracts

Samples: Indemnification Agreement (Fx Energy Inc), Indemnification Agreement (Fx Energy Inc)

Mutual Acknowledgement. The 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, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 2 contracts

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

Mutual Acknowledgement. The Company and Indemnitee the Indemnitees acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands The Indemnitees understand and acknowledges acknowledge 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 rights under public policy to indemnify an Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Marinus Pharmaceuticals Inc), Indemnification Agreement (Marinus Pharmaceuticals Inc)

Mutual Acknowledgement. The Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights under public policy to indemnify Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Classmates Media CORP), Indemnification Agreement (United Online Inc)

Mutual Acknowledgement. The Company and the Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors, managers, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each The 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 rights under public policy to indemnify an Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Skyterra Communications Inc), Indemnification Agreement (Hughes Communications, Inc.)

Mutual Acknowledgement. The Both the Company and the Indemnitee acknowledge that that, in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers under this Agreement or otherwise. Each The 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 rights 's ability under public policy to indemnify the Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Allegiant Travel CO), Indemnification Agreement (Allegiant Travel CO)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers under this Agreement or otherwise. Each Indemnitee 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 rights right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Quicklogic Corporation), Indemnification Agreement (COPsync, Inc.)

Mutual Acknowledgement. The 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, officers, employees, controlling persons, agents or fiduciaries directors and officers 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Echelon Corp), Indemnification Agreement (Identix Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in ---------------------- certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Intek Information Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, officers and other corporate 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Voice Life Inc. Indemnification Agreement (Voice Life Inc)

Mutual Acknowledgement. The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights under public policy to indemnify the Indemnitee.

Appears in 1 contract

Samples: Trans1 Inc. Indemnification Agreement (Trans1 Inc)

Mutual Acknowledgement. The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 ' s rights under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Ideal Power Inc.)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or and 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 rights right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Penson Worldwide Inc)

Mutual Acknowledgement. The 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, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Interwave Communications International LTD)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that that, in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Palmsource Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal instances federal law or applicable public policy may override applicable state law and prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries Indemnitee under this Agreement or otherwise. Each Indemnitee understands and acknowledges that For example, the Company has undertaken or may be required in the future to undertake with and Indemnitee acknowledge that the Securities and Exchange Commission to submit has taken the question of position that indemnification to a court in is not permissible for liabilities arising under certain circumstances federal securities laws, and federal legislation prohibits indemnification for a determination certain violations of the Company’s rights under public policy to indemnify IndemniteeEmployee Retirement Income Security Act.

Appears in 1 contract

Samples: Officer Indemnification Agreement (Cohen & Co Inc.)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers under this the 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 rights right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Univision Communications Inc)

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Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge ---------------------- that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying indem nifying its directors, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Tut Systems Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that ---------------------- in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Netflix Inc)

Mutual Acknowledgement. The Company and Indemnitee acknowledge that ---------------------- in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 's rights under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Rainmaker Systems Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying indem nifying its directors, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Netcom Systems Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling personsconsultants, 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 rights right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (American Bank Note Holographics Inc)

Mutual Acknowledgement. The 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, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Vidamed Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law laws or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Quarterdeck Corp)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries officers and directors 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 rights right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Chemokine Therapeutics Corp)

Mutual Acknowledgement. The 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, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Nuance Communications)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Sonomawest Holdings Inc)

Mutual Acknowledgement. The Company Both the Companies and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company Companies from indemnifying its their directors, officers, employees, controlling personsconsultants, fiduciaries or agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or Companies 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 rights Companies’ right, under public policy policy, to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Associated Materials, LLC)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, instances Federal law or applicable public policy may prohibit the Company from indemnifying its directorsDirectors, officers, employees, controlling persons, agents or fiduciaries Officers and employees 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 rights right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Zumiez Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.. Indemnification Agreement – November 7, 2013

Appears in 1 contract

Samples: Indemnification Agreement (Geeknet, Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers under this the 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Director Indemnification Agreement (Fidelity National Financial Inc /De/)

Mutual Acknowledgement. The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, officers and 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Sonomawest Holdings Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries officers 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Sonomawest Holdings Inc)

Mutual Acknowledgement. The Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries under this Agreement or otherwise. Each Indemnitee understands The Indemnitees understand and acknowledges acknowledge 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 rights under public policy to indemnify the Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Atrinsic, Inc.)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that ---------------------- chat in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Altigen Communications Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying indem- nifying its directors, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Stanford Microdevices Inc)

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

Appears in 1 contract

Samples: Indemnification Agreement (Bob Evans Farms Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors 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 rights right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Form of Indemnification Agreement (American Surgical Holdings Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge ---------------------- that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents or fiduciaries directors and officers under this Agreement or otherwise. Each Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future furore 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Centillium Communications Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee ---------------------- acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying indem- nifying its directors, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Lynuxworks Inc)

Mutual Acknowledgement. The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling personsagents, agents fiduciaries or fiduciaries related parties 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 rights right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Heartland Payment Systems Inc)

Mutual Acknowledgement. The Company and Indemnitee acknowledge ---------------------- that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 's rights under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Form of Indemnity Agreement (Catalytica Energy Systems Inc)

Mutual Acknowledgement. The 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, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Educational Video Conferencing Inc)

Mutual Acknowledgement. The 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, officers, employees, controlling persons, agents or fiduciaries directors and officers 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 rights right, under public policy policy, to indemnify Indemnitee.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Fusion Connect, Inc.)

Mutual Acknowledgement. The Company and Indemnitee ---------------------- acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 's rights under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnity Agreement (Applied Science Fiction Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, agents officers or fiduciaries stockholders 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 rights right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Ista Pharmaceuticals Inc)

Mutual Acknowledgement. (a) The Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnity Agreement (Newgistics, Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, and/or 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 rights right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Newpark Resources Inc)

Mutual Acknowledgement. The Company and Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 's rights under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (United Online Inc)

Mutual Acknowledgement. The Both the Company and Indemnitee ---------------------- acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors, officers, employees, controlling persons, 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 rights 's right under public policy to indemnify Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (E Stamp Corp)

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