No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 115 contracts
Samples: Indemnification Agreement (Iris International Inc), Indemnification Agreement (Talon International, Inc.), Indemnification Agreement (Innovative Card Technologies Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 89 contracts
Samples: Indemnification Agreement (Fastclick Inc), Indemnification Agreement (ONCOSEC MEDICAL Inc), Indemnification Agreement (Zumiez Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 64 contracts
Samples: Employment Agreement (Western Gas Resources Inc), Employment Agreement (Western Gas Resources Inc), Form of Indemnification Agreement (CommerceHub, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 47 contracts
Samples: Indemnification Agreement (McClatchy Co), Indemnification Agreement (Symyx Technologies Inc), Indemnification Agreement (Symyx Technologies Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder, except as provided in Section 18 below.
Appears in 46 contracts
Samples: Indemnification Agreement (ReachLocal Inc), Indemnification Agreement (Opentable Inc), Indemnification Agreement (ReachLocal Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 42 contracts
Samples: Form of Indemnification Agreement (BeyondSpring Inc.), Indemnification Agreement (Hostopia.com Inc.), Indemnification Agreement (Collective Brands, Inc.)
No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationthe Charter, Bylaw the Bylaws or otherwise) of the amounts otherwise indemnifiable Indemnifiable hereunder.
Appears in 38 contracts
Samples: Indemnification Agreement (Mack Cali Realty Corp), Indemnification Agreement (Mack Cali Realty Corp), Indemnification Agreement (Mack Cali Realty L P)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 37 contracts
Samples: Indemnification Agreement (Abraxis Health, Inc.), Indemnification Agreement (Ecost Com Inc), Indemnification Agreement (Mentor Corp /Mn/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 36 contracts
Samples: Indemnification Agreement (Netsuite Inc), Indemnification Agreement (Occam Networks Inc/De), Indemnification Agreement (3PAR Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable Indemnifiable hereunder.
Appears in 31 contracts
Samples: Indemnification Agreement (VistaGen Therapeutics, Inc.), Indemnification Agreement (VistaGen Therapeutics, Inc.), Indemnification Agreement (Excaliber Enterprises, Ltd.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationbylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 29 contracts
Samples: Indemnification Agreement (Songzai International Holding Group Inc), Form of Indemnification Agreement (EastBridge Investment Group Corp), Indemnification Agreement (EastBridge Investment Group Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 29 contracts
Samples: Indemnification Agreement (Artisan Components Inc), Employment Agreement (Digital Insight Corp), Indemnification Agreement (Microtune Inc)
No Duplication of Payments. The Notwithstanding anything herein to the contrary, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, any other agreement, the Company’s Certificate of Incorporation, Bylaw and Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 27 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.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 24 contracts
Samples: Securities Purchase Agreement (Mti Technology Corp), Indemnity Agreement (Osullivan Industries Holdings Inc), Indemnification Agreement (Mti Technology Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 24 contracts
Samples: Indemnification Agreement (ChyronHego Corp), Indemnification Agreement (Chyron Corp), Indemnification Agreement (Chyron Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee of amounts otherwise indemnifiable under this Agreement if, and to the extent that, Indemnitee has otherwise actually received such payment (under any contract, agreement or insurance policy, the Certificate of IncorporationIncorporation or Bylaws of the Company, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 23 contracts
Samples: Indemnity Agreement (ZaZa Energy Corp), Indemnity Agreement (Toreador Resources Corp), Indemnity Agreement (Bionova Holding Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Expense or Liability of Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationArticles, Bylaw Bylaws, or otherwise) of the amounts otherwise indemnifiable hereunder. This Agreement shall supersede any prior indemnification agreement between Indemnitee and the Company.
Appears in 23 contracts
Samples: Indemnification Agreement (Tributary Funds, Inc.), Indemnification Agreement (Tributary Funds, Inc.), Indemnification Agreement (Tributary Funds, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim action, suit, proceeding, inquiry or investigation made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 22 contracts
Samples: Indemnification Agreement (Senesco Technologies Inc), Indemnification Agreement (Senesco Technologies Inc), Indemnification Agreement (Senesco Technologies Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 22 contracts
Samples: Indemnification Agreement (Exponent Inc), Indemnification Agreement (Cathay General Bancorp), Indemnification Agreement (Exponent Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationvote, Bylaw agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 20 contracts
Samples: Indemnification Agreement (Ten-League International Holdings LTD), Indemnification Agreement (Neo-Concept International Group Holdings LTD), Indemnification Agreement (FBS Global LTD)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of Incorporation, Bylaw Incorporation or Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 19 contracts
Samples: Form of Indemnification Agreement (Able Telcom Holding Corp), Indemnification Agreement (Avteam Inc), Indemnification Agreement (General Roofing Services Inc)
No Duplication of Payments. The Company shall not be liable under -------------------------- this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 17 contracts
Samples: Indemnification Agreement (Medicode Inc), Indemnification Agreement (Carsdirect Com Inc), Indemnification Agreement (Curon Medical Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 16 contracts
Samples: Indemnification Agreement (Masergy Communications Inc), Indemnity Agreement (Newgistics, Inc), Voting Agreement (Newgistics, Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 15 contracts
Samples: Indemnification Agreement (Sirna Therapeutics Inc), Indemnification Agreement (Sirna Therapeutics Inc), Indemnification Agreement (Sirna Therapeutics Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Certificate of Incorporation, Bylaw or otherwise) the Bylaws or otherwise of the amounts otherwise indemnifiable hereunder. The Company’s obligation to indemnify or advance Expenses hereunder to Indemnitee as a result of the Indemnitee’s Corporate Status with an Entity other than the Company shall be reduced by any amount Indemnitee has actually received as indemnification or advancement of Expenses from such other Entity.
Appears in 15 contracts
Samples: Indemnification Agreement (Diffusion Pharmaceuticals Inc.), Employment Agreement (ADial Pharmaceuticals, L.L.C.), Employment Agreement (ADial Pharmaceuticals, L.L.C.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company's certificate of incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 15 contracts
Samples: Indemnification Agreement (Resourcephoenix Com Inc), Indemnification Agreement (Evolving Systems Inc), Indemnification Agreement (Callidus Software Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationCertificate, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 14 contracts
Samples: Board of Directors Agreement (Apollo Medical Holdings, Inc.), Indemnification Agreement (JD.com, Inc.), Indemnification Agreement (Alibris Inc)
No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment in connection with any Claim Indemnifiable Loss made against Indemnitee to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, Certificate of Incorporation, Bylaw the Constituent Documents and Other Indemnity Provisions or otherwise) otherwise of the amounts otherwise indemnifiable hereunder.
Appears in 14 contracts
Samples: Indemnification Agreement (SoftBrands, Inc.), Indemnification Agreement (Neah Power Systems, Inc.), Indemnification Agreement (Neah Power Systems, Inc.)
No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationbylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 13 contracts
Samples: Indemnification Agreement (Biomimetic Therapeutics, Inc.), Indemnification Agreement (Psychiatric Solutions Inc), Indemnification Agreement (Psychiatric Solutions Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-Law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 13 contracts
Samples: Indemnification Agreement (Digi International Inc), Indemnification Agreement (GNC Holdings, Inc.), Officer Indemnification Agreement (GNC Holdings, Inc.)
No Duplication of Payments. The Subject to Section 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate or any provision of Incorporation, Bylaw the Company’s LLC Agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 12 contracts
Samples: Indemnification Agreement (New Fortress Energy LLC), Indemnification Agreement (New Fortress Energy LLC), Indemnification Agreement (New Fortress Energy LLC)
No Duplication of Payments. The Company shall not be liable under this -------------------------- Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 12 contracts
Samples: Indemnification Agreement (Hollis Eden Pharmaceuticals Inc /De/), Indemnification Agreement (Andromedia Inc), Indemnification Agreement (Liquid Audio Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw policy or otherwise) of the amounts otherwise indemnifiable hereunder).
Appears in 12 contracts
Samples: Employment Agreement (Anavex Life Sciences Corp.), Employment Agreement (Anavex Life Sciences Corp.), Indemnification Agreement (Anavex Life Sciences Corp.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationby law, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 12 contracts
Samples: Indemnification Agreement (Powersecure International, Inc.), Indemnification Agreement (Infospace Inc), Indemnification Agreement (Infospace Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 11 contracts
Samples: Indemnification Agreement (Websidestory Inc), Indemnification Agreement (Websidestory Inc), Indemnification Agreement (Websidestory Inc)
No Duplication of Payments. The Company shall not be liable under this -------------------------- Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Peoplepc Inc), Indemnification Agreement (Intek Information Inc), Indemnification Agreement (Crossworlds Software Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationthe Charter, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Earth Biofuels Inc), Indemnification Agreement (Earth Biofuels Inc), Indemnification Agreement (Earth Biofuels Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw M&A or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Samples: Form of Indemnification Agreement (China Rapid Finance LTD), Form of Indemnification Agreement (Hexindai Inc.), Form of Indemnification Agreement (Zhaopin LTD)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw article or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Belden Inc), Indemnification Agreement (Belden Inc), Indemnification Agreement (Gardner Denver Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Synta Pharmaceuticals Corp), Form of Indemnification Agreement (Facebook Inc), Form of Indemnification Agreement
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable identifiable hereunder.
Appears in 10 contracts
Samples: Indemnification Agreement (Secure Computing Corp), Indemnification Agreement (Secure Computing Corp), Indemnification Agreement (GigOptix, Inc.)
No Duplication of Payments. The Subject to Section 14 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Company’s Certificate of Incorporation, Bylaw Incorporation or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 10 contracts
Samples: Form of Indemnification Agreement (New Senior Investment Group Inc.), Form of Director and Officer Indemnification Agreement (Moelis & Co), Indemnification Agreement (New Media Investment Group Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate the Articles of Incorporation, Bylaw Incorporation or Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 9 contracts
Samples: Indemnification Agreement (2connect Express Inc), Indemnification Agreement (Avteam Inc), Indemnification Agreement (2connect Express Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw policy or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 9 contracts
Samples: Employment Agreement (Premier Holding Corp.), Indemnification Agreement (Talk America Holdings Inc), Indemnification Agreement (Talk America Holdings Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate certificate of Incorporation, Bylaw incorporation or by-laws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 9 contracts
Samples: Indemnification Agreement (Walt Disney Co), Employment Agreement (Walt Disney Co), Employment Agreement (Walt Disney Co)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent that Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporation, Bylaw the Company's Declaration of Trust or otherwiseother governing document) of the amounts otherwise indemnifiable payable hereunder.
Appears in 9 contracts
Samples: Indemnification Agreement (Banyan Strategic Realty Trust), Indemnification Agreement (Banyan Strategic Realty Trust), Indemnification Agreement (Banyan Strategic Realty Trust)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Samples: Indemnification Agreement (Xcarenet Inc), Indemnification Agreement (Shrena Software Inc), Indemnification Agreement (Brocade Communications Systems Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 8 contracts
Samples: Indemnification Agreement (Accuray Inc), Form of Indemnification Agreement (Nile Therapeutics, Inc.), Indemnification Agreement (Codexis, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of IncorporationAssociation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Samples: Indemnification Agreement (Ace LTD), Indemnification Agreement (Ace LTD), Indemnification Agreement (TE Connectivity Ltd.)
No Duplication of Payments. The Subject to Paragraph 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Company’s Certificate of IncorporationIncorporation and By-Laws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Samples: Indemnification Agreement (Hexcel Corp /De/), Indemnification Agreement (Hexcel Corp /De/), Form of Indemnification Agreement (Western Asset Mortgage Capital Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporation, Bylaw the Company's charter or Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Samples: Indemnification Agreement (Ir Biosciences Holdings Inc), Indemnification Agreement (Ir Biosciences Holdings Inc), Indemnification Agreement (Ir Biosciences Holdings Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Article of Incorporation, as amended, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 8 contracts
Samples: Indemnification Agreement (Monarch Staffing, Inc.), Indemnification Agreement (Monarch Staffing, Inc.), Indemnification Agreement (Monarch Staffing, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable Indemnifiable hereunder.
Appears in 8 contracts
Samples: Indemnity Agreement (Avalonbay Communities Inc), Form of Indemnity Agreement (Avalonbay Communities Inc), Indemnity Agreement (Avalonbay Communities Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationbylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 7 contracts
Samples: Indemnity Agreement (Penthouse International Inc), Indemnification Agreement (Franklin Telecommunications Corp), Indemnification Agreement (Overland Data Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made Proceeding against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate charter documents of Incorporation, Bylaw the Company or any Subsidiary or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Samples: Indemnification Agreement (Vocus, Inc.), Indemnification Agreement (Wellcare Health Plans, Inc.), Indemnification Agreement (Vocus, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the Charter or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Samples: Indemnification Agreement (Spanish Broadcasting System Inc), Indemnification Agreement (Dynasil Corp of America), Form of Indemnification Agreement (SBS Promotions Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Samples: Indemnification Agreement for Officers (Replidyne Inc), Indemnification Agreement (Pro Dex Inc), Trans1 Inc. Indemnification Agreement (Trans1 Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 7 contracts
Samples: Executive Employment Agreement (SOCIAL REALITY, Inc.), Indemnification Agreement (SOCIAL REALITY, Inc.), Indemnification Agreement (SOCIAL REALITY, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw any applicable Subsidiary’s articles of incorporation, Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Christopher & Banks Corp), Indemnification Agreement (Mela Sciences, Inc. /Ny), Indemnification Agreement (Christopher & Banks Corp)
No Duplication of Payments. The Company Companies shall not be liable under this Agreement to make any payment in connection with any Claim made against Proceeding involving the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate the Companies’ articles of Incorporation, Bylaw organization or by-laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (LPL Investment Holdings Inc.), Indemnification Agreement (LPL Investment Holdings Inc.), Indemnification Agreement (LPL Investment Holdings Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw M&A or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Nobao Renewable Energy Holdings LTD), Indemnification Agreement (Nobao Renewable Energy Holdings LTD), Shareholders Agreement (Nobao Renewable Energy Holdings LTD)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received obtained payment (under any insurance policy, Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.
Appears in 6 contracts
Samples: Indemnification Agreement (Variflex Inc), Indemnification Agreement (Variflex Inc), Indemnification Agreement (Variflex Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the Constating Documents or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Zap Com Corp), Indemnification Agreement (Zapata Corp), Indemnification Agreement (Zapata Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company's articles of incorporation, Bylaw bylaws (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement, Indemnification Agreement, Omega Protein Corporation Indemnification Agreement (Omega Protein Corp)
No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee of amounts otherwise indemnifiable hereunder if and to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, the Certificate of Incorporation, Bylaw Incorporation or Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Tricord Systems Inc /De/), Indemnification Agreement (Troy Group Inc), Indemnification Agreement (Rdo Equipment Co)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee in connection with any threatened, pending or completed action, suit or proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Dell Technologies Inc), Form of Indemnification Agreement (Emc Corp), Form of Indemnification Agreement (GTY Technology Holdings Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Orthologic Corp), Indemnification Agreement (Orthologic Corp), Indemnification Agreement (Beacon Power Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or Bylaws provision or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Yahoo Inc), Indemnification Agreement (Yahoo Inc), Indemnification Agreement (Yahoo Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company’s certificate of incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Xo Communications Inc), Indemnification Agreement (Xo Communications Inc), Indemnification Agreement (Kratos Defense & Security Solutions, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Adaptec Inc), Indemnification Agreement (Omneon Video Networks, Inc.), Indemnification Agreement (Adaptec Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Ironclad Performance Wear Corp), Indemnification Agreement (Epoch Holding Corp), Indemnification Agreement (J Net Enterprises Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Valence Technology Inc), Indemnification Agreement (Activecare, Inc.), Indemnification Agreement (Apollo Endosurgery, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment from the Company (under any insurance policy, Certificate of Incorporation, Bylaw policy obtained by the Company or otherwise, and including payment made directly to the Indemnitee by an insurer under such an insurance policy) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnity Agreement (Virgin Media Inc.), Director and Officer Indemnity Agreement (NTL Inc), Director and Officer Indemnity Agreement (NTL Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationRestated Certificate, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Volcano CORP), Indemnification Agreement (Metasolv Inc), Indemnification Agreement (Novamed Eyecare Inc)
No Duplication of Payments. The Company shall not be liable under this -------------------------- Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Inktomi Corp), Indemnification Agreement (Pc Tel Inc), Indemnification Agreement (Netiq Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any an insurance policy, the Certificate of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable idemnifiable hereunder.
Appears in 5 contracts
Samples: Form of Indemnification Agreement (SAIC Gemini, Inc.), Indemnification Agreement (Science Applications International Corp), Indemnification Agreement (SAIC, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporation, Bylaw the Charter or Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (ADS Tactical, Inc.), Form of Indemnification Agreement (Goodman Sales CO), Indemnification Agreement (Verso Paper Corp.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate certificate of Incorporationincorporation, Bylaw by-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Mips Technologies Inc), Indemnification Agreement (Eddie Bauer Holdings, Inc.), Indemnification Agreement (Lipid Sciences Inc/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Restated Certificate of Incorporation, Bylaw Company By-law or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Autocyte Inc), Indemnification Agreement (EPIX Pharmaceuticals, Inc.), Indemnification Agreement (V I Technologies Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationthe Certificate, Bylaw the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Independent Bank Group, Inc.), Indemnification Agreement (Cheniere Energy Inc), Indemnification Agreement (Cheniere Energy Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the Memorandum and Articles or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (China Advanced Construction Materials Group, Inc./Cayman), Indemnification Agreement (Utstarcom Holdings Corp), Indemnification Agreement (NFT LTD)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationunder the Articles and Bylaws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Multimedia Games Inc), Indemnification Agreement (Multimedia Games Inc), Indemnification Agreement (Bindview Development Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate the Articles of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Worldwide Web Networx Corp), Indemnification Agreement (Worldwide Web Networx Corp), Indemnification Agreement (Worldwide Web Networx Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the By-Laws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Heelys, Inc.), Indemnification Agreement (Konover Property Trust Inc), Indemnification Agreement (Konover Property Trust Inc)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBye-laws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (China Yuchai International LTD), Indemnification Agreement (China Yuchai International LTD), Indemnification Agreement (China Yuchai International LTD)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationCertificate, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Heartland Payment Systems Inc), Indemnification Agreement (Cabelas Inc), Indemnification Agreement (Jetblue Airways Corp)
No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Consonus Technologies, Inc.), Indemnification Agreement (Infinera Corp), Indemnification Agreement (Omniture, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Restated Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Discovery Laboratories Inc /De/), Indemnification Agreement (Windtree Therapeutics Inc /De/), Indemnification Agreement (Discovery Laboratories Inc /De/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Xata Corp /Mn/), Indemnification Agreement (TCV Vii Lp), Xata Corporation Indemnification Agreement (Xata Corp /Mn/)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received (and is entitled to retain) payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderhereunder (net of any expenses incurred in obtaining such payment).
Appears in 4 contracts
Samples: Indemnification Agreement (Comscore, Inc.), Director and Officer Indemnification Agreement (Bespoke Capital Acquisition Corp), Retirement and Transition Services Agreement (Comscore, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw policy or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Seracare Life Sciences Inc), Indemnification Agreement (Seracare Life Sciences Inc), Indemnification Agreement (Ritz Interactive, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any an insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw Incorporation or Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Phosphate Holdings, Inc.), Indemnification Agreement (Global Defense Technology & Systems, Inc.), Indemnification Agreement (Global Defense Technology & Systems, Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Charter or By-law provision or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Carpenter Technology Corp), Indemnification Agreement (Hayes Lemmerz International Inc), Indemnification Agreement (IASIS Finance Texas Holdings, LLC)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim action, suit, proceeding, inquiry or investigation made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Vitesse Semiconductor Corp), Indemnification Agreement (Vitesse Semiconductor Corp), Indemnification Agreement (Prophet 21 Inc)
No Duplication of Payments. The [Subject to Section 12, ]the Company shall not be liable under this Agreement to make any payment to Indemnitee in connection with respect of any Claim made against Indemnitee Expenses or Other Liabilities to the extent Indemnitee has otherwise actually received payment (under any insurance policy, the Company’s Certificate of Incorporation, Bylaw Incorporation or otherwise) Bylaws or otherwise of the amounts otherwise indemnifiable by the Company hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Qualtrics International Inc.), Employment Agreement (Qualtrics International Inc.), Employment Agreement (Qualtrics International Inc.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Expense or Liability of Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate the Articles of Incorporation, Bylaw the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder. This Agreement shall supersede any prior indemnification agreement between Indemnitee and the Company.
Appears in 4 contracts
Samples: Indemnification Agreement (O Reilly Automotive Inc), Indemnification Agreement (O Reilly Automotive Inc), Indemnification Agreement (O Reilly Automotive Inc)
No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policypolicy for which the premiums are paid by the Corporation, provision of the Corporation’s Certificate of IncorporationIncorporation or Bylaws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Concentra Operating Corp), Indemnification Agreement (Concentra Operating Corp), Indemnification Agreement (Concentra Operating Corp)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Affiliate Investment, Inc.), Indemnification Agreement (Crocs, Inc.), Indemnification Agreement (Piper Jaffray Companies)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Memorandum and Articles of Incorporation, Bylaw Association or otherwise) of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Semiconductor Manufacturing International Corp), Shareholders’ Agreement (Country Style Cooking Restaurant Chain Co., Ltd.), Indemnification Agreement (Country Style Cooking Restaurant Chain Co., Ltd.)
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (payment, under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw or otherwise) , of the amounts otherwise indemnifiable hereunder.
Appears in 4 contracts
Samples: Indemnification Agreement (Ensign Group, Inc), Indemnification Agreement (Sco Group Inc), Indemnification Agreement (Rightnow Technologies Inc)
