Common use of No Presumption Clause in Contracts

No Presumption. For purposes of this Agreement, the termination of any action, suit or 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.

Appears in 39 contracts

Samples: Employment Agreement (Stemline Therapeutics Inc), Indemnification Agreement (Amec Foster Wheeler PLC), Indemnification Agreement (Science Applications International Corp)

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No Presumption. For purposes of this Agreement, the termination of any claim, action, suit suit, or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 26 contracts

Samples: Indemnification Agreement (Concentra Operating Corp), Chairman’s Agreement (Concentra Operating Corp), Indemnification Agreement (Concentra Operating Corp)

No Presumption. For purposes of this Agreement, the termination of any action, suit or 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 17 contracts

Samples: Indemnity Agreement (Millerknoll, Inc.), Indemnification Agreement (Pokertek, Inc.), Indemnity Agreement (Macatawa Bank Corp)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law. 7.

Appears in 8 contracts

Samples: Indemnification Agreement (Cpi Corp), 82 Indemnification Agreement (Cpi Corp), Indemnification Agreement (Cpi Corp)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 8 contracts

Samples: Executive Severance and Indemnification Agreement (Procept Inc), Indemnification Agreement (Dyax Corp), Indemnification Agreement (Procept Inc)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 7 contracts

Samples: Indemnification Agreement (Wireless Holdings Inc), Indemnification and Release Agreement (Electro Energy Inc), Indemnification Agreement (Transit Management Holding Corp)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding Action 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 beliefbelief or that a court has determined that indemnification is not payable under this Indemnification Agreement or permitted by applicable law.

Appears in 7 contracts

Samples: Director Indemnification Agreement (Employee Solutions Inc), Indemnification Agreement (Employee Solutions Inc), Indemnification Agreement (Employee Solutions Inc)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding proceeding, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contenderecontenders, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law or this Agreement.

Appears in 6 contracts

Samples: Indemnity Agreement (Avalonbay Communities Inc), Indemnity Agreement (Avalonbay Communities Inc), Form of Indemnity Agreement (Avalonbay Communities Inc)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law or this Agreement.

Appears in 6 contracts

Samples: Indemnity Agreement (Osullivan Industries Holdings Inc), Indemnity Agreement (Cs Wireless Systems Inc), Indemnity Agreement (Mgi Properties)

No Presumption. For purposes of this Agreement, the termination of any actionclaim, actions, suit or 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 of itself create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 6 contracts

Samples: Indemnification Agreement (FCStone Group, Inc.), Indemnification Agreement (Orasure Technologies Inc), Indemnification Agreement (Nationwide Electric Inc)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding Claim by judgment, order, order or settlement (whether with or without court approval) or conviction), 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 had any particular beliefbelief or that a court has determined that indemnification is not permitted by this Agreement or applicable law.

Appears in 5 contracts

Samples: Indemnification Agreement (Kaman Corp), Indemnification Agreement (Kaman Corp), Indemnification Agreement (Analysis & Technology Inc)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding 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 the Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 4 contracts

Samples: Indemnification Agreement (Vitaminshoppe Com Inc), Indemnification Agreement (Peachtree Software Inc), Indemnification Agreement (Vitaminshoppe Com Inc)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding 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 beliefbelief or that a court had determined that indemnification is not permitted by applicable law.

Appears in 4 contracts

Samples: Indemnity Agreement (PERRIGO Co PLC), Indemnity Agreement (PERRIGO Co PLC), Indemnity Agreement (Perrigo Co)

No Presumption. For purposes of this Agreement, the termination of any action, suit or 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 beliefbelief or that a court has determined that indemnification is not permitted by this Agreement or applicable law.

Appears in 3 contracts

Samples: Indemnity Agreement (COUPONS.com Inc), Indemnity Agreement (Broncus Technologies Inc/Ca), Indemnity Agreement (Asthmatx Inc)

No Presumption. For purposes of this Agreement, the termination of any -------------- claim, action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 3 contracts

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

No Presumption. For purposes of this Agreement, the termination of any action, suit or 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 beliefbelief or that a court has determined that indemnification is not payable under this Indemnification Agreement or permitted by applicable law.

Appears in 3 contracts

Samples: Directors and Officers Indemnification Agreement (Insight Enterprises Inc), Form of Indemnification Agreement (Duraswitch Industries Inc), Indemnification Agreement (Unison Healthcare Corp)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 3 contracts

Samples: Indemnification Agreement (Occidental Petroleum Corp /De/), Indemnification Agreement (Homebase Inc), Indemnification Agreement (Occidental Petroleum Corp /De/)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall will not create a presumption that the Indemnitee did not meet any particular standard of conduct or have any particular belief.

Appears in 2 contracts

Samples: Officer Indemnification Agreement (Alexza Pharmaceuticals Inc.), Officer Indemnification Agreement (Michigan Commerce Bancorp LTD)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding by adverse 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.

Appears in 2 contracts

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

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 2 contracts

Samples: 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 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 2 contracts

Samples: Indemnification Agreement (Oneok Inc /New/), Indemnification Agreement (Oneok Inc /New/)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or 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 of itself create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 2 contracts

Samples: Indemnification Agreement (Embarq CORP), Indemnification Agreement (Sprint Corp)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding 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 applicable Standard of conduct Conduct or have any particular beliefthat indemnification hereunder is otherwise not permitted.

Appears in 2 contracts

Samples: Director and Officer Indemnification Agreement (Knoll Inc), Director and Officer Indemnification Agreement (Medassets Inc)

No Presumption. For purposes of this --------- --------------- Agreement, the termination of any action, suit or 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.

Appears in 2 contracts

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

No Presumption. For purposes of this Agreement, the termination of any actionproceeding, suit or 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 beliefbelief or that a court has determined that indemnification or contribution is not permitted by applicable law.

Appears in 2 contracts

Samples: Indemnification Agreement (Donnelley Enterprise Solutions Inc), Indemnification Agreement (Specialty Equipment Companies Inc)

No Presumption. For purposes of this Agreement, the termination of any claim action, suit suit, or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 2 contracts

Samples: Indemnification Agreement (USA Synthetic Fuel Corp), Indemnification Agreement (USA Synthetic Fuel Corp)

No Presumption. For purposes of this Agreement, the termination -------------- of any claim, action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law or this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Netpliance Inc)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding 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 of itself create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law or this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Internet America Inc)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding by judgment, order, judgment order or 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Consulting Services Agreement (Perrigo Co)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding Claim by judgment, order, order or 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 beliefbelief or that a court has determined that the indemnification provided for hereunder is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Mim Corp)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit suit, or proceeding proceeding, by judgment, order, settlement (whether with or without court -9- 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Spartan Motors Inc)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding 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 will not in and of itself create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Theragenics Corp)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding Proceeding by judgment, order, order or settlement (whether with or without court approval) or conviction), conviction or upon a plea of nolo contendere, contendere or its equivalent, shall not itself create a presumption that the Indemnitee did not meet any particular the relevant standard of conduct or have had any particular beliefbelief or that a court has determined that indemnification is not permitted by this Agreement or applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Gerber Scientific Inc)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit suit, or proceeding proceeding, by judgment, order, settlement (whether with or without court approval) or ), conviction, or upon a plea of nolo contenderecontenders, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Autocam Corp/Mi)

No Presumption. For purposes of this Agreement, the termination of -------------- any claim, action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law or this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Citadel Security Software Inc)

No Presumption. For purposes of this Agreement, the termination of any Claim, action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law or this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Tandycrafts Inc)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Hewitt Associates Inc)

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No Presumption. For purposes of this Agreement, the termination of any action, suit or 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 is not meet any particular standard to be entitled to indemnification under this Agreement, the Certificate of conduct Incorporation or have any particular beliefBylaws.

Appears in 1 contract

Samples: Indemnification Agreement (Corcept Therapeutics Inc)

No Presumption. For purposes of this Agreement, the termination of -------------- any claim, action, suit or proceeding 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 will not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Greenmountain Com Co)

No Presumption. For purposes of this Agreement, the termination of any -------------- claim, action, suit or proceeding proceeding, 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Chatcom Inc)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit suit, or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Professionals Direct Inc)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law. 8.

Appears in 1 contract

Samples: Indemnity Agreement Agreement (Anixter International Inc)

No Presumption. For purposes of this Agreement, the termination of any Claim, action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Mainsource Financial Group)

No Presumption. For purposes of this Agreement, the termination of -------------- any actionclaim, actions, suit or 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 of itself create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Orasure Technologies Inc)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding Proceeding by judgment, order, settlement (whether with settlement, or without court approval) or conviction, conviction or upon a plea of nolo contendere, contendere or its equivalentequivalent shall not, shall not of itself, create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification or contribution is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Ssgi, Inc.)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnity Agreement (United Capital Corp /De/)

No Presumption. For purposes of this Agreement, the termination of any actionClaim, suit or 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 not, of itself, create a presumption that Indemnitee did not meet any particular applicable standard of conduct or have any particular beliefconduct.

Appears in 1 contract

Samples: Indemnification Agreement (North American Galvanizing & Coatings Inc)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding proceeding, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, otherwise shall not create a presumption that Indemnitee Indemnitees did not meet any particular standard of conduct or have any particular beliefthat a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnity Agreement (Willbros Group Inc)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding by judgment, order, settlement (whether with or without court approval) or conviction, or 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (JPS Industries Inc)

No Presumption. For purposes of this Agreement, the termination of -------------- any claim, action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law or this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Bay Apartment Communities Inc)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Cathay General Bancorp)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding Action 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.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Payoneer Global Inc.)

No Presumption. For purposes of this Agreement, the termination of any -------------- claim, action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Mead Corp)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding 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 the Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Hanover Direct Inc)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law. 9.

Appears in 1 contract

Samples: Indemnification Agreement (Jyra Research Inc)

No Presumption. For purposes of this Agreement, the termination of any action, suit or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Matrix Service Co)

No Presumption. For purposes of this Agreement, the termination of any Claim, action, suit or proceeding 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 conduct, that Indemnitee had a particular belief or have any particular beliefthat a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Able Telcom Holding Corp)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit or proceeding 4 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Belden Inc)

No Presumption. For purposes of this Agreement, the termination of -------------- any claim, action, suit suit, or proceeding 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 beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Clientlink Inc)

No Presumption. For purposes of this Agreement, the termination of any Claim, action, suit or proceeding 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 a particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Indemnification Agreement (Nuco2 Inc /Fl)

No Presumption. For purposes of this Agreement, the termination of any claim, action, suit suit, or proceeding 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 will not in and of itself create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular beliefbelief or that a court has determined that indemnification is not permitted by applicable law.

Appears in 1 contract

Samples: Directors and Officers Indemnification Agreement (Omega Healthcare Investors Inc)

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