Common use of Other Proceedings Clause in Contracts

Other Proceedings. In the event that Section 4(a) is inapplicable, the Company shall nevertheless indemnify Indemnitee as provided in Section 2(a) or 2(b), as applicable, or provide a contribution payment to the Indemnitee as provided in Section 2(d), to the extent determined by the Reviewing Party.

Appears in 13 contracts

Sources: Indemnification Agreement (Pultegroup Inc/Mi/), Indemnification Agreement (Bridger Aerospace Group Holdings, Inc.), Indemnification Agreement (Cellectar Biosciences, Inc.)

Other Proceedings. In the event that Section 4(a) is inapplicable, the Company shall nevertheless indemnify Indemnitee, unless and to the extent a Reviewing Party chosen pursuant to Section 4(c) determines that Indemnitee as provided has not met the applicable standard of conduct set forth in Section 2(a) or 2(b), as applicable, or provide as a contribution payment condition to the Indemnitee as provided in Section 2(d), to the extent determined by the Reviewing Partysuch indemnification.

Appears in 11 contracts

Sources: Indemnification Agreement (Keypath Education International, Inc.), Indemnification Agreement (Information Services Group Inc.), Stock Purchase Agreement (Victory Park Capital Advisors, LLC)

Other Proceedings. In the event that Section 4(a) is inapplicable, the Company shall nevertheless indemnify Indemnitee as provided in Section 2(a), 2(b) or 2(b2(c), as applicable, or provide a contribution payment to the Indemnitee as provided in Section 2(d2(e), to the extent determined by the Reviewing Party.

Appears in 8 contracts

Sources: General Release Agreement (Pyxis Oncology, Inc.), Indemnification Agreement (Accelerant Holdings), Indemnification Agreement (IO Biotech, Inc.)

Other Proceedings. In the event that Section 4(a) is inapplicable, the Company shall nevertheless indemnify Indemnitee, unless, but then only to the extent that, a Reviewing Party chosen pursuant to Section 4(c) determines that Indemnitee as provided has not met the applicable standard of conduct set forth in Section Sections 2(a) or 2(b), as applicable, or provide as a contribution payment condition to the Indemnitee as provided in Section 2(d), to the extent determined by the Reviewing Partysuch indemnification.

Appears in 2 contracts

Sources: Indemnification Agreement (Peoples Energy Corp), Indemnification Agreement (optionsXpress Holdings, Inc.)

Other Proceedings. In the event that Section 4(a) is inapplicable, the Company shall nevertheless indemnify Indemnitee as provided in Section 2(a) or 2(b), as applicable, or provide a contribution payment to the Indemnitee as provided in Section 2(d), to the extent determined by the Reviewing Party.

Appears in 2 contracts

Sources: Indemnification Agreement (Texas Pacific Land Corp), Indemnification Agreement (Texas Pacific Land Corp)

Other Proceedings. In To the event that extent Section 4(a) is inapplicable, the Company shall nevertheless indemnify Indemnitee, unless and to the extent a Reviewing Party chosen pursuant to Section 4(d) determines that Indemnitee as provided has not met the applicable standard of conduct set forth in Section 2(a) or 2(b), as applicable, or provide as a contribution payment condition to the Indemnitee as provided in Section 2(d), to the extent determined by the Reviewing Partysuch indemnification.

Appears in 2 contracts

Sources: Indemnification Agreement (OneSpan Inc.), Indemnification Agreement (Vasco Data Security International Inc)

Other Proceedings. In the event that Section SECTION 4(a) is inapplicable, the Company shall nevertheless indemnify Indemnitee, unless, but then only to the extent that, a Reviewing Party chosen pursuant to SECTION 4(c) determines that Indemnitee as provided has not met the applicable standard of conduct set forth in Section SECTIONS 2(a) or 2(b), as applicable, or provide as a contribution payment condition to the Indemnitee as provided in Section 2(d), to the extent determined by the Reviewing Partysuch indemnification.

Appears in 1 contract

Sources: Indemnification Agreement (Natural Golf Corp)

Other Proceedings. In the event that Section 4(a) is inapplicable, the Company shall nevertheless indemnify Indemnitee as provided in Section 2(a) or 2(b), as applicable, or provide a contribution payment to the Indemnitee as provided in Section 2(d), to the extent determined appropriate by the Reviewing Party.

Appears in 1 contract

Sources: Indemnification Agreement (Sirius International Insurance Group, Ltd.)

Other Proceedings. In the event that Section 4(a) is inapplicable, the Company shall nevertheless indemnify Indemnitee, unless, but then only to the extent that, a Reviewing Party chosen pursuant to Section 4(c) determines that Indemnitee as provided has not met the applicable standard of conduct set forth in Section 2(a) or 2(b), as applicable, or provide as a contribution payment condition to the Indemnitee as provided in Section 2(d), to the extent determined by the Reviewing Partysuch indemnification.

Appears in 1 contract

Sources: Indemnification Agreement (Rli Corp)