Common use of Nonexclusivity Clause in Contracts

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 57 contracts

Samples: Indemnification Agreement (E Loan Inc), Form of Indemnification Agreement (E Loan Inc), Indemnification Agreement (E Loan Inc)

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Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 48 contracts

Samples: Executive Employment Agreement (Marizyme Inc), Indemnification Agreement (Marizyme Inc), Indemnification Agreement (Neuralstem, Inc.)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's ’s Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 26 contracts

Samples: Indemnification Agreement (Agilent Technologies Inc), Indemnification Agreement (Thermage Inc), Indemnification Agreement (Intelius Inc)

Nonexclusivity. The indemnification and the payment of Expense -------------- Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 23 contracts

Samples: Indemnification Agreement (Microtune Inc), Indemnification Agreement (Andromedia Inc), Indemnification Agreement (Tibco Software Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's ’s Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 22 contracts

Samples: Indemnification Agreement (Monolithic Power Systems Inc), Indemnification Agreement (Digital Video Systems Inc), Indemnification Agreement (Microtune Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate certificate of Incorporationincorporation, its Bylawsbylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 15 contracts

Samples: Indemnification Agreement (Garage Com), Indemnification Agreement (Edwards J D & Co), Indemnification Agreement (Realnames Corp)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement -------------- shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 12 contracts

Samples: Indemnification Agreement (Netflix Com Inc), Indemnification Agreement (Ticketmaster Online Citysearch Inc), Indemnification Agreement (Therasense Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall will be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate ’s certificate of Incorporationincorporation, its Bylawsbylaws, any other agreement, any vote of stockholders or disinterested directors, the Delaware General Corporation Law of the State of DelawareLaw, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall will continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 12 contracts

Samples: Indemnification Agreement (Atara Biotherapeutics, Inc.), Indemnification Agreement (Atara Biotherapeutics, Inc.), Indemnification Agreement (Fallbrook Technologies Inc)

Nonexclusivity. The indemnification and the payment of Expense -------------- Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate certificate of Incorporationincorporation, its Bylawsbylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 11 contracts

Samples: Indemnification Agreement (Emachines Inc /De/), Indemnification Agreement (Emachines Inc /De/), Indemnification Agreement (Emachines Inc /De/)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 11 contracts

Samples: Indemnification Agreement (Xcarenet Inc), Indemnification Agreement (First Virtual Holding Inc), Indemnification Agreement (Peregrine Systems Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate ’s Articles of Incorporation, its Bylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the General Corporation Law of the State of DelawareAct, or otherwise. The indemnification and the payment or advancement of Expense Advances Expenses provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 9 contracts

Samples: Indemnification Agreement (Merit Medical Systems Inc), Indemnification Agreement (Skywest Inc), Indemnification Agreement (Merit Medical Systems Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee the Indemnitees may be entitled under the Company's ’s Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the Delaware General Corporation Law of the State of DelawareLaw, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to each Indemnitee for any action taken such Indemnitee took or did not taken take while serving in an indemnified capacity even though subsequent thereto the Indemnitee may have ceased to serve in such capacity.

Appears in 9 contracts

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

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement -------------- shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 6 contracts

Samples: Indemnification Agreement (Netiq Corp), Indemnification Agreement (Pointcast Inc), Indemnification Agreement (Pc Tel Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate ’s Articles of Incorporation, its Bylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the General Corporation Law of the State of DelawareAct, or otherwise. The indemnification and the payment or advancement of Expense Advances Expenses provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.. ​

Appears in 6 contracts

Samples: Indemnification Agreement (Merit Medical Systems Inc), Indemnification Agreement (Merit Medical Systems Inc), Indemnification Agreement (Merit Medical Systems Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate ’s certificate of Incorporationincorporation, its Bylawsbylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 5 contracts

Samples: Employment Agreement (Edwards J D & Co), Employment Agreement (Edwards J D & Co), Employment Agreement (Evolving Systems Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Corporation’s Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 5 contracts

Samples: Indemnification Agreement (Infinera Corp), Indemnification Agreement (Phaserx, Inc.), Indemnification Agreement (Omniture, Inc.)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of IncorporationCharter, its the Bylaws, any other subsequent agreement, any vote of stockholders or disinterested directorsDisinterested Directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 4 contracts

Samples: Indemnification Agreement (Verso Paper Corp.), Indemnification Agreement (Goodman Global Inc), Indemnification Agreement (ADS Tactical, Inc.)

Nonexclusivity. The indemnification and the payment of rights to Expense Advances and indemnification for Losses provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken by Indemnitee while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 4 contracts

Samples: Indemnification Agreement (Rightnow Technologies Inc), Indemnification Agreement (Hireright Inc), Indemnification Agreement (Ensign Group, Inc)

Nonexclusivity. The indemnification and the payment of rights to Expense Advances and indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, the Trust Agreement, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 3 contracts

Samples: Indemnification Agreement (Juniper Networks Inc), Indemnification Trust Agreement (Juniper Networks Inc), Indemnification Agreement (Juniper Networks Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's ’s Certificate of Incorporation, its Bylawsbylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the General Corporation Law of the State of DelawareDGCL, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 3 contracts

Samples: Form of Indemnification Agreement (MAP Pharmaceuticals, Inc.), Form of Indemnification Agreement (Nile Therapeutics, Inc.), Indemnification Agreement (Nile Therapeutics, Inc.)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee Indemnified Person may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee Indemnified Person for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee Indemnified Person may have ceased to serve in such capacity.

Appears in 3 contracts

Samples: Indemnification Agreement (Liquor Com Inc), Indemnification Agreement (Silicon Energy Corp), Indemnification Agreement (Omnisky Corp)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's ’s Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the Delaware General Corporation Law of the State of DelawareLaw, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

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

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's ’s Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise; provided, however that this Agreement shall supersede any prior indemnification agreement between the Company and Indemnittee. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Xenogen Corp), Indemnification Agreement (Advanced Analogic Technologies Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the Delaware General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though subsequent thereto the Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Micro Therapeutics Inc), Indemnification Agreement (QCS Net Corp)

Nonexclusivity. The indemnification and the payment of rights to Expense Advances and indemnification for Losses provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's ’s Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken by Indemnitee while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Pennant Group, Inc.), Indemnification Agreement (Buy Com Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances --------------- provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

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

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's ’s Amended and Restated Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the Delaware General Corporation Law of the State of DelawareLaw, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken that Indemnitee took or did not taken take while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (U.S. Auto Parts Network, Inc.), Indemnification Agreement (U.S. Auto Parts Network, Inc.)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directorsDisinterested Directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Indemnification Agreement (Pharmacyclics Inc), Indemnification Agreement (Dayton Superior Corp)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's ’s Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the Delaware General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though subsequent thereto the Indemnitee may have ceased to serve in such capacity.

Appears in 2 contracts

Samples: Trans1 Inc. Indemnification Agreement (Trans1 Inc), Indemnification Agreement (TherOx, Inc.)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which any Indemnitee may be entitled under the Company's ’s Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, the CGCL or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to each Indemnitee for any action taken such Indemnitee took or did not taken take while serving in an indemnified capacity even though subsequent thereto the Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Replidyne Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise; provided, however that this Agreement shall supersede any prior indemnification agreement between the Company and Indemnittee. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Ziprealty Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate certificate of Incorporationincorporation, its Bylawsbylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity. 6.

Appears in 1 contract

Samples: Network Services Indemnification Agreement (International Network Services)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's ’s Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of DelawareDelaware (or any other applicable law), or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee Indenmitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Core-Mark Holding Company, Inc.)

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Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee Indemnified Person may be entitled under the Company's APEI’s Certificate of Incorporation, its BylawsIncorporation or bylaws, any other agreement, any vote of stockholders or disinterested directorsBoard Members, the General Corporation Law of the State of Delaware, Delaware or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee Indemnified Person for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee Indemnified Person may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (American Public Education Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment or advancement of Expense Advances Expenses provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Waste Connections Inc/De)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's ’s Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise, provided, however, that this Agreement shall supersede any prior indemnification agreement between the Company and Indemnitee. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Artisan Components Inc)

Nonexclusivity. The indemnification and the payment of Expense --------------- Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Altus Medical Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate ’s Articles of Incorporation, as amended, its Bylaws, as amended, any other agreement, any vote of stockholders or disinterested directors, the Delaware General Corporation Law of the State of DelawareLaw, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken Indemnitee took or did not taken take while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Us Energy Corp)

Nonexclusivity. The indemnification and the payment of Expense -------------- Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders shareholders or disinterested directors, the Delaware General Corporation Law of the State of DelawareLaw, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Xenogen Corporation Indemnification Agreement (Xenogen Corp)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate Memorandum of IncorporationAssociation, its BylawsBye-laws, any other agreement, any vote of stockholders shareholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Interwave Communications International LTD)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity. 6.

Appears in 1 contract

Samples: Multimedia Corporation Indemnification Agreement (Sanctuary Woods Multimedia Corp)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's ’s Certificate of Incorporation, its Bylaws, any other agreement, resolutions duly adopted by the Board of Directors, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Solectron Corp)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement -------------- shall be in addition to any rights to which Indemnitee may be entitled under the CompanyCorporation's Certificate of Incorporation, its BylawsBylaws (as now or hereafter in effect), any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Captura Software Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, Delaware or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Healthetech Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's ’s Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise; provided, however, that this Agreement shall supersede any prior indemnification agreement between the Company and Indemnittee. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Ziprealty Inc)

Nonexclusivity. The This indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, Delaware or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Ultimate Electronics Inc)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee Indemnified Person may be entitled under the Company's Double-Take’s Certificate of Incorporation, its BylawsIncorporation or bylaws, any other agreement, any vote of stockholders or disinterested directorsBoard Members, the General Corporation Law of the State of Delaware, Delaware or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee Indemnified Person for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee Indemnified Person may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Double-Take Software, Inc.)

Nonexclusivity. The This indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Fischer Imaging Corp)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of IncorporationCertificate, its the Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of DelawareDelaware ("DELAWARE LAWS"), or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Travelscape Com Inc)

Nonexclusivity. The indemnification and the payment of rights to Expense Advances and indemnification provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's ’s Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Juniper Networks Inc)

Nonexclusivity. The indemnification and the payment of -------------- Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the CompanyCorporation's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Driveway Corp)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directors, the Delaware General Corporation Law of the State of DelawareLaw, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee Indenmmnitee for any action taken or not taken while serving 'in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Kindercare Learning Centers Inc /De)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's Certificate of IncorporationCharter, its the Bylaws, any other agreement, any vote of stockholders or disinterested directorsDisinterested Directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Party City Corp)

Nonexclusivity. The indemnification and the payment of Expense Advances provided by this Agreement shall be in addition to any rights to which Indemnitee may be entitled under the Company's ’s Certificate of Incorporation, its Bylaws, any other agreement, any vote of stockholders or disinterested directorsDisinterested Directors, the General Corporation Law of the State of Delaware, or otherwise. The indemnification and the payment of Expense Advances provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity even though subsequent thereto Indemnitee may have ceased to serve in such capacity.

Appears in 1 contract

Samples: Indemnification Agreement (Dealertrack Technologies, Inc)

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