Common use of Notification of Proceeding Clause in Contracts

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise.

Appears in 135 contracts

Samples: Indemnity Agreement (Onyx Pharmaceuticals Inc), Indemnity Agreement (Histogenics Corp), Indemnity Agreement (Procera Networks Inc)

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Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding Proceeding or matter which may be subject to indemnification or advancement of expenses Expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise.

Appears in 15 contracts

Samples: Indemnity Agreement (Coconnect, Inc.), Indemnity Agreement (Rocketfuel Blockchain, Inc.), Indemnity Agreement (B4mc Gold Mines Inc)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise.to

Appears in 13 contracts

Samples: Indemnity Agreement (Cirius Therapeutics, Inc.), Indemnity Agreement (Metacrine, Inc.), Indemnity Agreement (Design Therapeutics, Inc.)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding Proceeding or matter which may be subject to indemnification or advancement of expenses Expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise, unless and only to the extent that such failure actually and materially prejudices the Company.

Appears in 7 contracts

Samples: Indemnity Agreement (C3.ai, Inc.), Indemnification Agreement (DigitalOcean Holdings, Inc.), Indemnity Agreement (Coupang, Inc.)

Notification of Proceeding. Indemnitee will agrees to notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunderProceeding. The failure of Indemnitee to so notify the Company shall does not relieve the Company of any obligation which that it may have to Indemnitee under this Agreement or otherwiseotherwise and any delay in giving notice will not constitute a waiver by Indemnitee of any rights under this Agreement.

Appears in 6 contracts

Samples: Indemnification Agreement (Autobytel Inc), Indemnification Agreement (Autobytel Inc), Indemnification Agreement (AutoWeb, Inc.)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwiseotherwise and any delay in so notifying the Company shall not constitute a waiver by Indemnitee of any rights under this Agreement.

Appears in 6 contracts

Samples: Indemnity Agreement (Ambit Biosciences Corp), Indemnification Agreement (Gemphire Therapeutics Inc.), Indemnity Agreement (Flexion Therapeutics Inc)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information information, notice of liability or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The ; provided, however, that the failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to provide indemnification or to advance expenses to Indemnitee under this Agreement or otherwiseotherwise unless the Company shall have been materially prejudiced by not having notice of such proceeding.

Appears in 4 contracts

Samples: Indemnification Agreement (Gentiva Health Services Inc), Form of Indemnity Agreement (Deerfield Capital Corp.), Indemnity Agreement (Childrens Place Retail Stores Inc)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise.of

Appears in 4 contracts

Samples: Indemnification Agreement (Auspex Pharmaceuticals, Inc.), Indemnity Agreement (Biocept Inc), Indemnity Agreement (Biocept Inc)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses Expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwiseotherwise and any delay in so notifying the Company shall not constitute a waiver by Indemnitee of any rights under this Agreement.

Appears in 3 contracts

Samples: Indemnity Agreement (Shotspotter, Inc), Indemnification Agreement (Taronis Fuels, Inc.), Indemnification Agreement (Uber Technologies, Inc)

Notification of Proceeding. Indemnitee will promptly notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwiseotherwise unless and only to the extent that such failure or delay materially prejudices the Company.

Appears in 2 contracts

Samples: Indemnity Agreement (NovaBay Pharmaceuticals, Inc.), Indemnity Agreement (NovaBay Pharmaceuticals, Inc.)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information information, or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise.

Appears in 2 contracts

Samples: Indemnity Agreement, Indemnity Agreement (S&W Seed Co)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses Expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee lndemnitee under this Agreement or otherwiseotherwise and any delay in so notifying the Company shall not constitute a waiver by Indemnitee of any rights under this Agreement.

Appears in 2 contracts

Samples: Form of Indemnity Agreement (Stitch Fix, Inc.), Form of Indemnity Agreement (Stitch Fix, Inc.)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information information, notice of liability or other document relating to any proceeding or matter Proceeding which may be subject to indemnification or advancement of expenses covered Expenses hereunder. The ; provided, however, that the failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to provide indemnification or to advance Expenses to Indemnitee under this Agreement or otherwiseotherwise unless the Company shall have been demonstrably and materially prejudiced by not having notice of such Proceeding.

Appears in 1 contract

Samples: Indemnification Agreement (Gentiva Health Services Inc)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document document, relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise.

Appears in 1 contract

Samples: Indemnity Agreement (Onyx Pharmaceuticals Inc)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The written notification to the Company shall include a description of the nature of the proceeding and the facts underlying the proceeding. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise.

Appears in 1 contract

Samples: Indemnity Agreement (Xenetic Biosciences, Inc.)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise.,

Appears in 1 contract

Samples: Indemnification Agreement (Uber Technologies, Inc)

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Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise.or

Appears in 1 contract

Samples: Indemnity Agreement (Alarm.com Holdings, Inc.)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding Proceeding or matter which may be subject to indemnification or advancement of expenses Expenses covered hereunder. The failure of Indemnitee to so notify the Company shall 5. not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise, unless and only to the extent that such failure actually and materially prejudices the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Dutch Bros Inc.)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise, unless, and only to the extent that, such failure actually and materially prejudices the Company.

Appears in 1 contract

Samples: Indemnity Agreement (Cardlytics, Inc.)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise, except to the extent that the Company is materially prejudiced in its defense of such proceeding as a result of such failure.

Appears in 1 contract

Samples: Indemnity Agreement (Adamis Pharmaceuticals Corp)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise.

Appears in 1 contract

Samples: Indemnity Agreement (Fortress Biotech, Inc.)

Notification of Proceeding. Unless the Company is a co-defendant or has otherwise received written notification in the proceeding, Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses Expenses covered hereunder. The failure of Indemnitee written notification to so notify the Company shall not relieve include a description of the Company nature of any obligation which it may have to Indemnitee the proceeding and the facts underlying the proceeding. To obtain indemnification under this Agreement or otherwise.Agreement, Indemnitee

Appears in 1 contract

Samples: Indemnity Agreement (Fibrogen Inc)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise, except to the extent it was directly prejudiced as a result of such failure.

Appears in 1 contract

Samples: Indemnification Agreement (Everyday Health, Inc.)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding Proceeding or matter which may be subject to indemnification or advancement of expenses Expenses covered hereunder. The failure of by Indemnitee to so timely notify the Company shall hereunder will not relieve the Company from any liability hereunder unless the Company’s ability to participate in the defense of any obligation which it may have to Indemnitee under this Agreement or otherwisesuch claim was materially and adversely affected by such failure.

Appears in 1 contract

Samples: Indemnification Agreement (Shiloh Industries Inc)

Notification of Proceeding. Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses Expenses covered hereunder. The written notification to the Company shall include a description of the nature of the proceeding and the facts underlying the proceeding. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise.not

Appears in 1 contract

Samples: Indemnity Agreement (Sangamo Therapeutics, Inc)

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