Presumption. It shall be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 2.3(a), and Indemnitor shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 12 contracts
Samples: Contribution Agreement and Agreement (Anadarko Petroleum Corp), Contribution Agreement and Agreement and Plan of Merger (Western Gas Partners LP), Amended Indemnification Agreement
Presumption. It Indemnitee shall be presumed to be entitled to indemnification for any act or omission covered in this Agreement. The burden of proof of establishing that Indemnitee is not entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 2.3(a), and Indemnitor shall, because of the failure to fulfill any legal requirement shall be on the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumptionCompany.
Appears in 3 contracts
Samples: Indemnification Agreement (Successories Inc), Indemnification Agreement (Diversified Corporate Resources Inc), Indemnification Agreement (Diversified Corporate Resources Inc)
