Common use of Other Sources Clause in Contracts

Other Sources. Indemnitee shall not be required to exercise any rights Indemnitee may have against any other parties (for example, under an insurance policy purchased by Indemnitee, the Company or any other person or entity) before Indemnitee exercises or enforces Indemnitee's rights under this Agreement. However, to the extent the Company actually indemnifies Indemnitee or advances Indemnitee funds in respect of Expenses, the Company shall be entitled to enforce any such rights which Indemnitee may have against third parties. Indemnitee shall assist the Company in enforcing those rights if it pays Indemnitee's costs and expenses of doing so. If Indemnitee is actually indemnified or advanced Expenses by any such third party, then, for so long as Indemnitee is not required to disgorge the amounts so received, to that extent the Company shall be relieved of its obligation to indemnify Indemnitee or to advance Expenses.

Appears in 4 contracts

Samples: Indemnification Agreement (Virage Logic Corp), Indemnification Agreement (Doubletwist Inc), Indemnification Agreement (Embarcadero Technologies Inc)

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Other Sources. Indemnitee shall not be required to exercise any rights that Indemnitee may have against any other parties Person (for example, under an insurance policy purchased by Indemnitee, the Company or any other person or entitypolicy) before Indemnitee exercises or enforces Indemnitee's his rights under this Agreement. However, to the extent the Company actually indemnifies Indemnitee or advances Indemnitee funds in respect of Expenses, the Company shall be subrogated to the rights of Indemnitee and shall be entitled to enforce any such rights which Indemnitee may have against third parties. Indemnitee shall assist the Company in enforcing those rights if it the Company pays Indemnitee's ’s costs and expenses of doing so. If Indemnitee is actually indemnified or advanced Expenses by any such third party, then, for so long as Indemnitee is not required to disgorge the amounts so received, to that extent the Company shall be relieved of its obligation to indemnify Indemnitee or to advance Indemnitee Expenses.

Appears in 3 contracts

Samples: Form of Indemnification Agreement (Matador Resources Co), Indemnification Agreement (Goodman Networks Inc), Indemnification Agreement (Viewcast Com Inc)

Other Sources. Indemnitee shall not be required to exercise any rights ------------- Indemnitee may have against any other parties (for example, under an insurance policy purchased by Indemnitee, the Company or any other person or entity) before Indemnitee exercises or enforces Indemnitee's rights under this Agreement. However, to the extent the Company actually indemnifies Indemnitee or advances Indemnitee funds in respect of Expenses, the Company shall be entitled to enforce any such rights which Indemnitee may have against third parties. Indemnitee shall assist the Company in enforcing those rights if it pays Indemnitee's costs and expenses of doing so. If Indemnitee is actually indemnified or advanced Expenses by any such third party, then, for so long as Indemnitee is not required to disgorge the amounts so received, to that extent the Company shall be relieved of its obligation to indemnify Indemnitee or to advance Expenses.

Appears in 2 contracts

Samples: Indemnification Agreement (Maxygen Inc), Indemnification Agreement (Paymap Inc)

Other Sources. Indemnitee shall not be required to exercise any rights that Indemnitee may have against any other parties Person (for example, under an insurance policy purchased by Indemnitee, the Company policy) or any other person or entity) before Indemnitee exercises or enforces Indemnitee's his rights under this Agreement. However, to the extent the Company actually indemnifies Indemnitee or advances Indemnitee funds in respect of him Expenses, the Company shall be subrogated to the rights of Indemnitee and shall be entitled to enforce any such rights which Indemnitee may have against third parties. Indemnitee shall assist the Company in enforcing those rights if it the Company pays Indemnitee's his costs and expenses of doing so. If Indemnitee is actually indemnified or advanced Expenses by any such third party, then, for so long as Indemnitee is not required to disgorge the amounts so received, to that extent the Company shall be relieved of its obligation to indemnify Indemnitee or to advance Indemnitee Expenses.

Appears in 1 contract

Samples: Indemnification Agreement (Matador Petroleum Corp)

Other Sources. Indemnitee shall not be required to exercise any rights that Indemnitee may have against any other parties Person (for example, under an insurance policy purchased by Indemnitee, the Company or any other person or entitypolicy) before Indemnitee exercises or enforces Indemnitee's his rights under this Agreement. However, to the extent the Company actually indemnifies Indemnitee or advances Indemnitee funds in respect of Expenses, the Company shall be subrogated to the rights of Indemnitee and shall be entitled to enforce any such rights which Indemnitee may have against third parties. Indemnitee shall assist the Company in enforcing those rights if it pays Indemnitee's costs and expenses of doing so. If Indemnitee is actually indemnified or advanced Expenses by any such third party, then, for so long as Indemnitee is not required to disgorge the amounts so received, to that extent the Company shall be relieved of its obligation to indemnify Indemnitee or to advance Indemnitee Expenses.

Appears in 1 contract

Samples: Indemnification Agreement (Robotic Vision Systems Inc)

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Other Sources. The Indemnitee shall not be required to exercise any rights that the Indemnitee may have against any other parties Person (for example, under an insurance policy purchased by Indemnitee, the Company or any other person or entitypolicy) before the Indemnitee exercises or enforces Indemnitee's his rights under this Agreement. However, to the extent the Company actually indemnifies the Indemnitee or advances Indemnitee funds in respect of to him or her Expenses, the Company shall be subrogated to the rights of the Indemnitee and shall be entitled to enforce any such rights which the Indemnitee may have against third parties. The Indemnitee shall reasonably assist the Company in enforcing those rights if it pays Indemnitee's his or her costs and expenses of doing so. If the Indemnitee is actually indemnified or advanced Expenses by any such third party, then, for so long as the Indemnitee is not required to disgorge the amounts so received, to that extent the Company shall be relieved of its obligation to indemnify the Indemnitee or to advance the Indemnitee Expenses.

Appears in 1 contract

Samples: Indemnification Agreement (Range Resources Corp)

Other Sources. Indemnitee shall not be required to exercise any ------------- rights Indemnitee may have against any other parties (for example, under an insurance policy purchased by Indemnitee, the Company or any other person or entity) before Indemnitee exercises or enforces Indemnitee's rights under this Agreement. However, to the extent the Company actually indemnifies Indemnitee or advances Indemnitee funds in respect of Expenses, the Company shall be entitled to enforce any such rights which Indemnitee may have against third parties. Indemnitee shall assist the Company in enforcing those rights if it pays Indemnitee's costs and expenses of doing so. If Indemnitee is actually indemnified or advanced Expenses by any such third party, then, for so long as Indemnitee is not required to disgorge the amounts so received, to that extent the Company shall be relieved of its obligation to indemnify Indemnitee or to advance Expenses.

Appears in 1 contract

Samples: Indemnification Agreement (Depomed Inc)

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