Common use of Notice to the Company Clause in Contracts

Notice to the Company. The Company shall perform its obligations under this Agreement on receipt of written demand for such performance from the Director and, if the Company fails to perform its obligations under this Agreement on demand, then the Director may then or at any time bring legal action against the Company to obtain full and complete performance of its obligations under this Agreement. In any action brought to enforce this Agreement, on a showing by the Director that a claim has been asserted against the Director with respect to or in connection with any alleged act or omission by the Director as a director or officer of the Company, or any alleged neglect or breach of duty by the Director as a director or officer of the Company or otherwise in the Director's capacity as a director or officer of the Company, there shall be a presumption that the Director is entitled to indemnification and advancement of costs and expenses from the Company in respect to indemnification.

Notice to the Company. The Company shall perform its obligations under this Agreement on receipt of written demand for such performance from the Director Officer and, if the Company fails to perform its obligations under this Agreement on demand, then the Director Officer may then or at any time bring legal action against the Company to obtain full and complete performance of its obligations under this Agreement. In any action brought to enforce this Agreement, on a showing by the Director Officer that a claim has been asserted against the Director Officer with respect to or in connection with any alleged act or omission by the Director Officer as a director or officer of the Company, or any alleged neglect or breach of duty by the Director Officer as a director or officer of the Company or otherwise in the DirectorOfficer's capacity as a director or officer of the Company, there shall be a presumption that the Director Officer is entitled to indemnification and advancement of costs and expenses from the Company in respect to indemnification.