Common use of Partial Indemnification Clause in Contracts

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 171 contracts

Samples: Employment Agreement (Loop Industries, Inc.), Executive Employment Agreement (Viracta Therapeutics, Inc.), Funding Agreement (Omeros Corp)

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Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 102 contracts

Samples: Indemnification Agreement (Chemokine Therapeutics Corp), Indemnification Agreement (FUND.COM Inc.), Indemnification Agreement (Avx Corp)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 82 contracts

Samples: Voting Agreement (Visterra, Inc.), Voting Agreement (Visterra, Inc.), Indemnification Agreement (Heat Biologics, Inc.)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines fines, interest or penalties penalties, which are actually or and reasonably incurred by the Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedingProceeding, but not, however, for the total amount thereofof the Indemnitee’s Expenses, judgments, fines, interest or penalties, then the Company shall nevertheless indemnify the Indemnitee for the portion of such expensesExpenses, judgments, fines fines, interest or penalties to which the Indemnitee is entitled.

Appears in 38 contracts

Samples: Indemnification Agreement (LexinFintech Holdings Ltd.), Form of Indemnification Agreement (MicroCloud Hologram Inc.), Indemnification Agreement (Weidai Ltd.)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him or her in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 36 contracts

Samples: Form of Indemnification Agreement (Sharper Image Corp), Form of Indemnification Agreement (Rubicon Technology, Inc.), Indemnification Agreement (CBaySystems Holdings LTD)

Partial Indemnification. If Indemnitee is entitled under any provision ----------------------- of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 21 contracts

Samples: Employment Agreement (Tenfold Corp /Ut), Indemnification Agreement (Durect Corp), Indemnification Agreement (Insmed Inc)

Partial Indemnification. If Indemnitee is entitled under any ----------------------- provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 18 contracts

Samples: Indemnification Agreement (Tenfold Corp /Ut), Indemnification Agreement (Latitude Communications Inc), Indemnification Agreement (Preview Systems Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, proceedings but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the that portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 17 contracts

Samples: Indemnification Agreement (Callaway Golf Co), Indemnification Agreement (Topgolf Callaway Brands Corp.), Indemnification Agreement (Callaway Golf Co)

Partial Indemnification. 4.01 If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 15 contracts

Samples: Indemnification Agreement (NQL Inc), Indemnification Agreement (Alpha Microsystems), Indemnification Agreement (Alpha Microsystems)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 12 contracts

Samples: Indemnification Agreement (Hawaiian Holdings Inc), Indemnification Agreement (Hawaiian Holdings Inc), Indemnification Agreement (Hawaiian Holdings Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him or her in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such actual and reasonable expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 12 contracts

Samples: Indemnification Agreement (Atlis Motor Vehicles Inc), Form of Indemnification Agreement (Innerworkings Inc), Form of Indemnification Agreement (Vera Bradley, Inc.)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or and reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 11 contracts

Samples: Confidential   Confidential (Quality Systems, Inc), Indemnification Agreement (Zynex Inc), Form of Indemnification Agreement (InterMetro Communications, Inc.)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him or her in the investigationinvestigating, defensedefending, appeal appealing or settlement of settling any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 11 contracts

Samples: Indemnification Agreement (Semele Group Inc), Indemnification Agreement (Semele Group Inc), Indemnification Agreement (Banyan Strategic Realty Trust)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines or penalties actually or and reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, Proceeding but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expensesExpenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 10 contracts

Samples: Indemnification Agreement (Fpic Insurance Group Inc), Indemnification Agreement (Fpic Insurance Group Inc), Option Agreement (PRG Schultz International Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him or her in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 10 contracts

Samples: Director and Officer Indemnification Agreement (BlueLinx Holdings Inc.), Director and Officer Indemnification Agreement (Ssa Global Technologies, Inc), Director and Officer Indemnification Agreement (BlueLinx Holdings Inc.)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, not for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 8 contracts

Samples: Indemnification Agreement (MEDecision, Inc.), Form of Indemnification Agreement (Kenexa Corp), Indemnification Agreement (MEDecision, Inc.)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines fines, penalties or penalties amounts paid in settlement actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 7 contracts

Samples: Indemnification Agreement (Kosan Biosciences Inc), Indemnification Agreement (Kosan Biosciences Inc), Indemnification Agreement (Netgear Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesexpense, judgments, fines or penalties actually or reasonably incurred by him or her in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, not for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 7 contracts

Samples: Employment Agreement (Newpark Resources Inc), Indemnification Agreement (Newpark Resources Inc), Indemnification Agreement (Newpark Resources Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 6 contracts

Samples: Indemnification Agreement (CNS Response, Inc.), Indemnification Agreement (Resonant Inc), Indemnification Agreement (Spyglass Entertainment Group Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to for which Indemnitee is entitledotherwise legally responsible.

Appears in 6 contracts

Samples: Indemnification Agreement (Trident Resources Corp), Indemnification Agreement (Trident Resources Corp), Indemnification Agreement (Trident Resources Corp)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expensesExpenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 6 contracts

Samples: Indemnification Agreement (Cyberdefender Corp), Indemnification Agreement (Genesis Microchip Inc /De), Indemnification Agreement (Cyberdefender Corp)

Partial Indemnification. If Indemnitee is entitled under any ----------------------- provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 6 contracts

Samples: Registration Rights Agreement (Western Micro Technology Inc), Indemnification Agreement (Nanometrics Inc), Indemnification Agreement (Looksmart LTD)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal appeal, or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 5 contracts

Samples: Indemnification Agreement (Dynacq Healthcare Inc), Indemnification Agreement (Gulfslope Energy, Inc.), Indemnification Agreement (Texas South Energy, Inc.)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company Corporation for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company Corporation shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 5 contracts

Samples: Indemnity Agreement (Active Power Inc), Indemnity Agreement (Crossroads Systems Inc), Executive and Director Indemnity Agreement (Rackspace Com Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification or to receive advancement by the Company for some or a portion of the expensesExpenses, judgments, fines or penalties amounts paid in settlement actually or and reasonably incurred by Indemnitee in the investigation, defense, appeal appeal, settlement or settlement other disposition of any civil or criminal action, suit or proceeding, Proceeding but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties thereof to which Indemnitee is entitled.

Appears in 5 contracts

Samples: Indemnity Agreement (Titan Exploration Inc), Indemnity Agreement (Noble Drilling Corp), Indemnity Agreement (Noble Affiliates Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 5 contracts

Samples: Indemnification Agreement (Rediff Com India LTD), Indemnification Agreement (Rediff Communication LTD), Indemnification Agreement (Rediff Com India LTD)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesany expenses or liabilities of any type whatsoever (including, without limitation, judgments, fines or penalties actually or reasonably fines, ERISA excise taxes and penalties, and amounts paid in settlement) incurred by Indemnitee in the investigation, defense, settlement or appeal or settlement of any civil or criminal action, suit or a proceeding, but not, however, is not entitled to indemnification for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties thereof to which the Indemnitee is entitled.

Appears in 5 contracts

Samples: Indemnity Agreement (Bristow Group Inc), Indemnity Agreement (Rush Enterprises Inc \Tx\), Indemnity Agreement (Bristow Group Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company Association for some or a portion of the expenses, judgmentsjudgment, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company Association shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 5 contracts

Samples: Indemnification Agreement (Northern Empire Bancshares), Indemnification Agreement (Northern Empire Bancshares), Indemnification Agreement (Northern Empire Bancshares)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or and reasonably incurred by him or her in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 4 contracts

Samples: Indemnification Agreement (Jacobs Engineering Group Inc /De/), Form of Indemnification Agreement (Jacobs Engineering Group Inc /De/), Agreement (Jacobs Engineering Group Inc /De/)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement or otherwise to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, preparation for, defense, appeal or settlement of any civil or criminal action, suit or proceedingProceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expensesExpenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 4 contracts

Samples: Indemnification Agreement (Key Energy Services Inc), Indemnification Agreement (First Community Bancorp /Ca/), Indemnification Agreement (Pacwest Bancorp)

Partial Indemnification. If Indemnitee is entitled under any provision provisions of this Agreement to indemnification by the Company Corporation for some or a portion of the expensesExpenses, judgments, fines or penalties and amounts paid in settlement actually or and reasonably incurred by Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, Proceeding but not, however, for the total amount thereof, the Company Corporation shall nevertheless indemnify Indemnitee for the portion of such expensesExpenses, judgments, fines or penalties and amounts paid in settlement to which Indemnitee is entitled.

Appears in 4 contracts

Samples: Indemnity Agreement (Pixelworks, Inc), Indemnity Agreement (Pixelworks, Inc), Indemnity Agreement (Pixelworks Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties penal­ties actually or reasonably incurred by him in the investigationinvestiga­tion, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 4 contracts

Samples: Indemnification Agreement (Nassda Corp), Indemnification Agreement (Quicklogic Corporation), Nassda Corporation (Nassda Corp)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company Corporation for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company Corporation shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 4 contracts

Samples: Indemnification Agreement (Idaho General Mines Inc), Indemnification Agreement (Spark Networks Inc), Indemnification Agreement (Insilicon Corp)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgmentsjudgment, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 4 contracts

Samples: Indemnification Agreement (Northern Empire Bancshares), Indemnification Agreement (Lipid Sciences Inc/), Indemnification Agreement (Northern Empire Bancshares)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company Bank for some or a portion of the expenses, judgments, fines or penalties actually or and reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company Bank shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 3 contracts

Samples: Indemnification Agreement (First Community Bancshares Inc /Nv/), Indemnification Agreement (First Federal Financial Bancorp Inc), Form of Indemnification Agreement (Monterey Bay Bancorp Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or fines, penalties actually or reasonably incurred in the by Indemnitee on investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 3 contracts

Samples: Indemnification Agreement (Harveys Casino Resorts), Indemnification Agreement (Harveys Casino Resorts), Form of Indemnification Agreement (Harveys Acquisition Corp)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesexpenses (including attorneys' fees), judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil civil, criminal, administrative or criminal investigative action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expensesexpenses (including attorneys' fees), judgments, fines or penalties to which Indemnitee is entitled.

Appears in 3 contracts

Samples: Indemnification Agreement (Quinton Cardiology Systems Inc), Indemnification Agreement (Quinton Cardiology Systems Inc), Indemnification Agreement (Quinton Cardiology Systems Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expensesExpenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 3 contracts

Samples: Indemnification Agreement (iVOW, Inc.), Indemnification Agreement (Xperi Inc.), Form of Indemnification Agreement (Telik Inc)

Partial Indemnification. If Indemnitee is entitled under any ----------------------- provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 3 contracts

Samples: Indemnification Agreement (Usweb Corp), Indemnification Agreement (Globalcenter Inc), Indemnification Agreement (Moai Technologies Inc)

Partial Indemnification. If Indemnitee is entitled under any ----------------------- provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedingProceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 3 contracts

Samples: Indemnification Agreement (Smartage Corp), Indemnification Agreement (Support Com Inc), Indemnification Agreement (Egain Communications Corp)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him or her in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion of such expenses, judgments, fines or penalties to which the Indemnitee is entitled.

Appears in 3 contracts

Samples: Indemnification Agreement (Greenhill & Co Inc), Indemnification Agreement (Nptest Holding Corp), Indemnification Agreement (Amis Holdings Inc)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but notis not entitled, however, to indemnification for the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion of such expenses, judgments, fines or penalties to which the Indemnitee is entitled.

Appears in 3 contracts

Samples: Form of Indemnification Agreement (BioScrip, Inc.), Indemnification Agreement (Orchids Paper Products CO /DE), Indemnification Agreement (Orchids Paper Products CO /DE)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 3 contracts

Samples: Indemnification Agreement (Herbst Gaming, LLC), Indemnification Agreement (Visterra, Inc.), Indemnification Agreement (Pharmchem Laboratories Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereofof any such expenses, judgments, fines or penalties, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Miller Herman Inc), Indemnification Agreement (Millerknoll, Inc.)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines fines, or penalties actually or reasonably incurred by him or her in the investigation, defense, appeal appeal, or settlement of any civil or criminal action, suit suit, or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines fines, or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Trinity Industries Inc), Indemnification Agreement (Trinity Industries Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments(including attorneys’ fees), fines or penalties judgments actually or and reasonably incurred by Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines expenses or penalties judgments to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Logitech International Sa), Indemnification Agreement (ObsEva SA)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, ,fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Employment Agreement (Gen 2 Technologies Inc.), Employment Agreement (Gen 2 Technologies Inc.)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify or pay advancements to Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Unified Western Grocers Inc), Indemnification Agreement (Unified Grocers, Inc.)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesexpenses (including attorneys’ fees), judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil civil, criminal, administrative or criminal investigative action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expensesexpenses (including attorneys’ fees), judgments, fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Sumtotal Systems Inc), Indemnification Agreement (Hockey Merger Corp)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him or her in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, not for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Kontoor Brands, Inc.), Form of Indemnification Agreement (SunCoke Energy, Inc.)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgmentsjudgment, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify the Indemnitee for the portion of such expenses, judgments, fines or penalties to which the Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Bridge Capital Holdings), Indemnification Agreement (American River Bankshares)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedingAction, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgmentsjudgements, fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Myo Diagnostics Inc), Indemnification Agreement (Signature Eyewear Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines or penalties actually or and reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedingProceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expensesExpenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Form of Indemnification Agreement (Veterinary Centers of America Inc), Form of Indemnification Agreement (National Coal Corp)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines or penalties actually or and reasonably incurred by him/her in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, Proceeding but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expensesExpenses, judgments, fines or penalties to which Indemnitee is entitled. 10.

Appears in 2 contracts

Samples: Indemnification Agreement (Fpic Insurance Group Inc), Indemnification Agreement (Fpic Insurance Group Inc)

Partial Indemnification. If an Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify such Indemnitee for the portion of such expenses, judgments, fines or penalties to which such Indemnitee is entitled.

Appears in 2 contracts

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

Partial Indemnification. If Indemnitee is entitled under any provision ----------------------- of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him or her in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Centillium Communications Inc), Indemnification Agreement (Sonicwall Inc)

Partial Indemnification. If Indemnitee is entitled under any ----------------------- provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines fines, penalties or penalties amounts paid in settlement actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Annuncio Software Inc), Indemnification Agreement (Talk City Inc)

Partial Indemnification. If Indemnitee is entitled under any ----------------------- provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him or her in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Modem Media Poppe Tyson Inc), Indemnification Agreement (Echelon Corp)

Partial Indemnification. If In the event that Indemnitee is entitled under any provision of this Agreement Indemnity to indemnification by the Company Corporation for some or a portion but less than the entire amount of the expensesany Expenses, judgments, fines fines, penalties and/or amounts paid or penalties actually or reasonably incurred payable in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereofsettlement, the Company Corporation shall nevertheless fully indemnify Indemnitee in accordance with the applicable provisions of this Indemnity for the such portion of such expensesExpenses, judgments, fines or fines, penalties to which Indemnitee is entitledand/or amounts paid in settlement.

Appears in 2 contracts

Samples: Consulting/Severance Agreement (Capital Senior Living Corp), Employment Agreement (Capital Senior Living Corp)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company Corporation for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by the Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company Corporation shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Employment Agreement (Guitar Center Inc), Employment Agreement (Guitar Center Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines fines, or penalties actually or reasonably incurred by him in the investigation, defense, appeal appeal, or settlement of any civil or criminal action, suit suit, or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines fines, or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Integrated Device Technology Inc), Indemnification Agreement (Integrated Device Technology Inc)

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Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or and reasonably incurred by Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Homeaway Inc), Indemnification Agreement (Miv Therapeutics Inc)

Partial Indemnification. If Indemnitee is entitled under any provision ----------------------- of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Personify Inc), Indemnification Agreement (Lecg Inc)

Partial Indemnification. If Indemnitee is the Indemnitees are entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines Expenses or penalties Claims actually or and reasonably incurred by an Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, Proceeding but not, however, for the total amount thereof, the Company shall nevertheless indemnify such Indemnitee for the portion of such expensesExpenses, judgments, fines or penalties to which such Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Lions Gate Investment LTD), Indemnification Agreement (Promos Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil civil, criminal, administrative or criminal action, suit investigative action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Avanir Pharmaceuticals), Indemnification Agreement (Lidak Pharmaceuticals)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company Corporation for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company Corporation shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 2 contracts

Samples: Merger Corporation Indemnification Agreement (Momentum Merger Corp), Indemnification Agreement (Coskata, Inc.)

Partial Indemnification. If Indemnitee is entitled under any ----------------------- provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgmentsjudgment, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Docent Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil or criminal riminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Mendocino Brewing Co Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of ----------------------- this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Healthextras Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by her in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (DVD Express Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company company for some or a portion of the expensescosts, judgments, fines penalties, fines, liabilities or penalties Expenses actually or and reasonably incurred in the investigation, defense, appeal or settlement of connection with any civil or criminal action, suit or proceedingProceeding (including an action, suit or Proceeding brought by or on behalf of the company), but not, however, for all of the total amount thereof, the Company company shall nevertheless indemnify Indemnitee for the portion of such expensescosts, judgments, fines or penalties penalties, fines, liabilities and Expenses actually and reasonably incurred to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (California Water Service Group)

Partial Indemnification. If Indemnitee is entitled under any ----------------------- provision of this Agreement to indemnification by the Company for some or a portion of the expensesexpenses (including attorneys' fees), judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil civil, criminal, administrative or criminal investigative action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expensesexpenses (including attorneys' fees), judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Vertel Corp)

Partial Indemnification. If Indemnitee is ia entitled under any provision of this Agreement to indemnification by the Company Corporation for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by the Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company Corporation shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Employment Agreement (Guitar Center Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesexpense, judgmentsjudgment, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, proceeding but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (TNS Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines fines, penalties or penalties settlements actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedingProceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the that portion of such expensesExpenses, judgments, fines or penalties to for which Indemnitee is entitledentitled to indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Lifef X Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgmentsjudgements, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Franklin Select Real Estate Income Fund)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Pac-West Telecomm Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, not for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expensesExpenses, judgments, fines or penalties to which Indemnitee is entitled. 6.

Appears in 1 contract

Samples: Indemnification Agreement (Usa Technologies Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by Indemnitee in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedingProceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Pharmchem Laboratories Inc)

Partial Indemnification. If Indemnitee is entitled under any ----------------------- provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or and reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Commercial Capital Bancorp Inc)

Partial Indemnification. If Indemnitee is entitled under any provision ----------------------- of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereofthere of, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Notify Corp)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines or penalties actually or and reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, Proceeding but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expensesExpenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnity Agreement (Mobility Electronics Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines or penalties actually or and reasonably incurred by his/her in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, Proceeding but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expensesExpenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Fpic Insurance Group Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company Corporations for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, not for the total amount thereof, the Company Corporations shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Sungard Data Systems Inc)

Partial Indemnification. If Indemnitee is entitled under any ----------------------- provision of this Agreement to the indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Satyam Infoway LTD)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines fines, penalties, or penalties settlement costs actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceedingLegal Proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expensesExpenses, judgments, fines fines, penalties or penalties settlement costs to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (7 Eleven Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expensesExpenses, judgments, fines or penalties actually or and reasonably incurred by his in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, Proceeding but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expensesExpenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Fpic Insurance Group Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company Corporation for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defensedefence, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company Corporation shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Hostopia.com Inc.)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total Exhibit 10.34 - 4 amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Mendocino Brewing Co Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or fines, penalties actually or reasonably incurred in the by Indemnitee on investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines fine or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Colony Rih Acquisitions Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties settlements actually or reasonably incurred by Indemnitee in the investigationinvestiga­tion, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties settlements to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Overstock Com Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total Exhibit 10.33 - 4 amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Mendocino Brewing Co Inc)

Partial Indemnification. If Indemnitee is entitled under any ------------------------ provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (American Ecology Corp)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, # judgments, fines or penalties actually or reasonably incurred by his in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Recom Managed Systems Inc De/)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him or her in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to for which Indemnitee is entitledentitled to be indemnified pursuant to this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Mission Community Bancorp)

Partial Indemnification. If Indemnitee is entitled under any ----------------------- provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (State of the Art Inc /Ca)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total Exhibit 10.38 - 4 amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Mendocino Brewing Co Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by either in the investigation, defense, appeal or settlement of any civil or criminal action, suit or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify each of Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: 16 Indemnification Agreement (Cellegy Pharmaceuticals Inc)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgmentsjudgment, fines fines, or penalties actually or reasonably incurred by him in the investigation, defense, appeal appeal, or settlement of any civil or criminal action, suit suit, or proceeding, but not, however, for the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines fines, or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement for Officers and Directors (Lasercard Corp)

Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of the expenses, judgments, fines or penalties actually or reasonably incurred by him in the investigation, defense, appeal or settlement of any civil or criminal action, suit action or proceeding, but not, however, for the total amount thereofthere-of, the Company shall nevertheless indemnify Indemnitee for the portion of such expenses, judgments, fines or penalties to which Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Supergen Inc)

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