No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 15 contracts
Sources: Indemnification Agreement (Foot Locker, Inc.), Indemnification Agreement (Foot Locker, Inc.), Indemnification Agreement (Foot Locker, Inc.)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, proceeding by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that the Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 8 contracts
Sources: Indemnification Agreement (Maximus Inc), Indemnification Agreement (Procept Inc), Executive Severance and Indemnification Agreement (Procept Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable lawlaw or this Agreement.
Appears in 6 contracts
Sources: Indemnity Agreement (Cs Wireless Systems Inc), Indemnification Agreement (Osullivan Industries Holdings Inc), Indemnification Agreement (Mgi Properties)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, contendere or its equivalent, shall not create a presumption that the Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 5 contracts
Sources: Indemnification Agreement (Multimedia Games Inc), Indemnification Agreement (Multimedia Games Inc), Indemnification Agreement (Bindview Development Corp)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, Claim by judgment, order, settlement (whether with or without court approval) ), or conviction, or upon a plea of nolo contendere, contendere or its equivalent, shall will not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 4 contracts
Sources: Indemnification Agreement (Shiloh Industries Inc), Indemnification Agreement (Osiris Therapeutics Inc), Indemnification Agreement (Scottish Annuity & Life Holdings LTD)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, proceeding by judgment, order, settlement (whether with or without court approval) or ), conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that Indemnitee Officer did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 4 contracts
Sources: Indemnification Agreement (Weatherford Enterra Inc), Indemnification Agreement (Weatherford Enterra Inc), Indemnification Agreement (Weatherford Enterra Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has had determined that indemnification is not permitted by applicable law.
Appears in 4 contracts
Sources: Indemnity Agreement (PERRIGO Co PLC), Indemnification Agreement (PERRIGO Co PLC), Consulting Agreement (Perrigo Co)
No Presumption. For purposes of this Agreement, the termination of any -------------- claim, action, suit or proceeding, whether civil or criminal, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 3 contracts
Sources: Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc), Indemnification Agreement (Chatcom Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, Claim by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendereNOLO CONTENDERE, or its equivalent, shall not not, of itself, create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Langer Biomechanics Group Inc), Indemnification Agreement (Core Mark International Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, Claim by judgment, order, settlement (whether with or without court approval) ), or conviction, or upon a plea of nolo contendere, or its equivalent, or an entry of an order or probation prior to judgment shall not create a presumption (other than a presumption arising as a matter of law that the parties may not contractually agree to disregard) that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (4 Kids Entertainment Inc), Indemnification Agreement (Robotic Vision Systems Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, Claim by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, or an entry of an order of probation prior to judgment shall not create a presumption (other than any presumption arising as a matter of law that the parties may not contractually agree to disregard) that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Goodman Networks Inc), Indemnification Agreement (Matador Resources Co)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, Proceeding by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that Indemnitee did not act in Good Faith or meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Flowserve Corp), Employment Agreement (Flowserve Corp)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit suit, or proceeding, whether civil or criminal, by judgment, order, settlement (whether with or without court approval) ), or conviction, or upon a plea of nolo contendere, contendere or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 2 contracts
Sources: Directors Indemnification Agreement (Boise Cascade Corp), Directors Indemnification Agreement (Boise Cascade Corp)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, Claim by judgment, order, settlement (whether with or without court approval) ), or conviction, or upon a plea of nolo contendereNOLO CONTENDERE, or its equivalent, or an entry of an order of probation prior to judgment shall not create a presumption (other than any presumption arising as a matter of law that the parties may not contractually agree to disregard) that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (United Surgical Partners International Inc), Indemnification Agreement (Digitalconvergence Com Inc)
No Presumption. For purposes of this Agreement, the termination -------------- of any claim, action, suit or proceeding, whether civil or criminal, Claim by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, ---- ---------- shall not not, of itself, create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 2 contracts
Sources: Indemnification Agreement (Peapod Inc), Indemnification Agreement (Specialty Catalog Corp)
No Presumption. For purposes of this Agreement, the termination of -------------- any claim, action, suit suit, or proceeding, whether civil or criminal, by judgment, order, settlement (whether with or without court approval) ), or conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, Claim by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contenderenolocontendere, or its equivalent, shall not not, of itself, create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, the termination -------------- of any claim, action, suit or proceeding, whether civil or criminal, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, contendere or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable lawlaw or this Agreement.
Appears in 1 contract
No Presumption. For purposes of this Agreement, the termination of -------------- any claim, action, suit or proceeding, whether civil or criminal, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, contendere or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable lawlaw or this Agreement.
Appears in 1 contract
Sources: Indemnification Agreement (Citadel Security Software Inc)
No Presumption. For purposes of this Agreement, the termination of -------------- any claim, action, suit or proceeding, whether civil or criminal, Claim by judgment, order, settlement (whether with or without court approval) ), or conviction, or upon a plea of nolo contendere, contendere or its equivalent, shall will not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (Scottish Annuity & Life Holdings LTD)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, Claim by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification or contribution is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, proceeding by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable lawto be entitled to indemnification under this Agreement, the Certificate of Incorporation or Bylaws.
Appears in 1 contract
Sources: Indemnification Agreement (Corcept Therapeutics Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, proceeding by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, contendere or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, Claim by judgment, order, settlement (whether with or without court approval) ), or conviction, or upon a plea of nolo contendere, contendere or its equivalent, shall not create a presumption that the Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (Ameriquest Technologies Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, proceeding by judgment, order, order settlement (whether with or without court approval) or conviction, or upon a plea of nolo contenderecontendre, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
Sources: Securities Exchange Agreement (Great American Backrub Store Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, by judgment, order, settlement (whether with or without court approval) or conviction, or proceeding upon a plea of nolo contendere, contendre or its equivalent, shall equivalent will not create a presumption that the Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, Action by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendereNOLO CONTENDERE, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not payable under this Indemnification Agreement or permitted by applicable law.
Appears in 1 contract
Sources: Indemnification & Liability (Employee Solutions Inc)
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, Claim by judgment, order, settlement (whether with or without court approval) or convictionconviction shall not, or upon a plea of nolo contendereitself, or its equivalent, shall not create a presumption that the Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
Sources: Indemnification Agreement (Golden Star Resources LTD)
No Presumption. For purposes of this Agreement, the termination of any -------------- claim, action, suit or proceeding, whether civil or criminal, by judgmentjudgement, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contenderecontenders, or its equivalent, is not of itself determinative, and shall not create a presumption presumption, that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court or other body has determined that indemnification is not permitted by applicable law.
Appears in 1 contract
No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding, whether civil or criminal, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, contendere or its equivalent, shall not create a presumption that the Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.
Appears in 1 contract