No Presumption Against Indemnitee. Neither the failure of the Company (including by its directors or Independent Counsel) to have made a determination prior to the commencement of any action pursuant to this Agreement nor an actual determination by the Company (including by its directors or Independent Counsel) that Indemnitee has not met the applicable standard of conduct for indemnification shall be a defense to the action or create a presumption that Indemnitee has not met the applicable standard of conduct.
Appears in 10 contracts
Samples: Indemnification Agreement (Houston Exploration Co), Indemnification Agreement (Peplin Inc), Indemnification Agreement (Verint Systems Inc)
No Presumption Against Indemnitee. Neither the failure of the Company (including by its directors Directors or Independent Counsel) to have made a determination prior to the commencement of any action pursuant to this Agreement nor an actual determination by the Company (including by its directors Directors or Independent Counsel) that Indemnitee has not met the applicable standard of conduct for indemnification shall be a defense to the action or create a presumption that Indemnitee has not met the applicable standard of conduct.
Appears in 10 contracts
Samples: Indemnification Agreement (Medivation, Inc.), Indemnification Agreement (Medivation, Inc.), Director’s Indemnification Agreement (SLM Corp)
No Presumption Against Indemnitee. Neither the failure of the Company (including by its directors officers or Independent Counsel) to have made a determination prior to the commencement of any action pursuant to this Agreement nor an actual determination by the Company (including by its directors officers or Independent Counsel) that Indemnitee has not met the applicable standard of conduct for indemnification shall be a defense to the action or create a presumption that Indemnitee has not met the applicable standard of conduct.
Appears in 2 contracts
Samples: Officers' and Directors' Indemnification Agreement (Loral Space & Communications Inc.), Officers' and Directors' Indemnification Agreement (Loral Space & Communications Inc.)
