Common use of Presumptions Clause in Contracts

Presumptions. (A) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors shall have the burden of proof to overcome such presumption.

Appears in 51 contracts

Samples: Indemnification Agreement (Kite Realty Group Trust), Indemnification Agreement (Kite Realty Group, L.P.), Indemnification Agreement (U-Store-It Trust)

AutoNDA by SimpleDocs

Presumptions. (A) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors Indemnitor shall have the burden of proof to overcome such presumption.

Appears in 41 contracts

Samples: Indemnification Agreement (RLJ Lodging Trust), Indemnification Agreement (Walker & Dunlop, Inc.), Indemnification Agreement (RLJ Lodging Trust)

Presumptions. (A) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors Company shall have the burden of proof to overcome such presumption.

Appears in 24 contracts

Samples: Indemnification Agreement (Hines Global REIT, Inc.), Indemnification Agreement (Hines Real Estate Investment Trust Inc), Indemnification Agreement (Hines Real Estate Investment Trust Inc)

Presumptions. (Aa) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors Indemnitor shall have the burden of proof to overcome such presumption.

Appears in 18 contracts

Samples: Indemnification Agreement (Jernigan Capital, Inc.), Form of Indemnification Agreement (Colony American Homes, Inc.), Form of Indemnification Agreement (Sky Harbour Group Corp)

Presumptions. (A) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors Company shall have the burden of proof to overcome such presumption.

Appears in 5 contracts

Samples: Indemnification Agreement (American Community Properties Trust), Indemnification Agreement (American Community Properties Trust), Indemnification Agreement (American Community Properties Trust)

Presumptions. (A) In a)In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors Indemnitor shall have the burden of proof to overcome such presumption.

Appears in 4 contracts

Samples: Indemnification Agreement (Farmland Partners Inc.), Indemnification Agreement (Farmland Partners Inc.), Indemnification Agreement (Farmland Partners Inc.)

Presumptions. (Aa) In making a determination with respect to entitlement or authorization of to indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 9(a) hereof, and the Indemnitors Company shall have the burden of proof to overcome such presumption.

Appears in 3 contracts

Samples: Indemnification Agreement (United Dominion Realty Trust Inc), Indemnification Agreement (UDR, Inc.), Indemnification Agreement (Equity Residential)

Presumptions. (A) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors EOP shall have the burden of proof to overcome such presumption.

Appears in 3 contracts

Samples: Indemnification Agreement (Equity Office Properties Trust), Indemnification Agreement (Equity Office Properties Trust), Indemnification Agreement (Equity Office Properties Trust)

AutoNDA by SimpleDocs

Presumptions. (A) In making a determination with respect to entitlement or authorization of indemnification hereunderDetermination, the person or entity making such determination Determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors Indemnitor shall have the burden of proof to overcome such presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Net Lease Office Properties), Indemnification Agreement (American Homes 4 Rent, L.P.)

Presumptions. (Aa) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors GLCA shall have the burden of proof to overcome such presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Great Lakes Capital Acceptance LLC)

Presumptions. (A) In A)In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors shall have the burden of proof to overcome such presumption.

Appears in 1 contract

Samples: Indemnification Agreement (CubeSmart, L.P.)

Presumptions. (A) In making a determination with respect to entitlement or authorization of indemnification hereunder, the person or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement and the Indemnitors Presidio shall have the burden of proof to overcome such presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Presidio Golf Trust)

Time is Money Join Law Insider Premium to draft better contracts faster.