Common use of Prior Payments Clause in Contracts

Prior Payments. Any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.

Appears in 37 contracts

Samples: Indemnity Agreement (RayzeBio, Inc.), Indemnity Agreement (RayzeBio, Inc.), Indemnity Agreement (Turnstone Biologics Corp.)

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Prior Payments. Any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.on

Appears in 10 contracts

Samples: Indemnity Agreement (Janux Therapeutics, Inc.), Indemnity Agreement (Design Therapeutics, Inc.), Indemnity Agreement (Longboard Pharmaceuticals, Inc.)

Prior Payments. Any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect except with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.

Appears in 6 contracts

Samples: Business Combination Agreement (Phoenix Biotech Acquisition Corp.), Indemnity Agreement (Airship AI Holdings, Inc.), Indemnity Agreement (WeWork Inc.)

Prior Payments. Any provision herein to the contrary notwithstanding, the The Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect except to the extent made by Indemnitee’s Affiliate Director (as defined below), if applicable, as provided in Section 13 and except with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.

Appears in 5 contracts

Samples: Indemnity Agreement (Complete Solaria, Inc.), Indemnity Agreement (AN2 Therapeutics, Inc.), Indemnity Agreement (Enovix Corp)

Prior Payments. Any provision herein to the contrary notwithstanding, the The Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect except to the extent made by [insert name] as provided in Section 13 and except with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.

Appears in 4 contracts

Samples: Indemnity Agreement (Origin Materials, Inc.), Indemnity Agreement (NeuroPace Inc), Indemnity Agreement (ACE Convergence Acquisition Corp.)

Prior Payments. Any provision herein to the contrary notwithstanding, the The Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect except to the extent made by the Associated Party (as defined below) as provided in Section 13 and except with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.

Appears in 4 contracts

Samples: Indemnity Agreement (Surrozen, Inc./De), Indemnity Agreement (Cytek BioSciences, Inc.), Indemnity Agreement (Rani Therapeutics Holdings, Inc.)

Prior Payments. Any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy procured by the Company or other indemnity provision, expect with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.

Appears in 1 contract

Samples: Indemnity Agreement (Fibrogen Inc)

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Prior Payments. Any Except as provided in Section 13, any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.other

Appears in 1 contract

Samples: Indemnity Agreement (Allogene Therapeutics, Inc.)

Prior Payments. Any Except as provided in Section 13, any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.

Appears in 1 contract

Samples: Indemnity Agreement (Dynavax Technologies Corp)

Prior Payments. Any provision herein to the contrary notwithstandingnotwithstanding except subject to Section 13, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify or advance Expenses to Indemnitee under this Agreement for which payment has actually been made to or on behalf of Indemnitee under any insurance policy or other indemnity provision, expect with respect to any excess beyond the amount paid under any insurance policy or indemnity policy.

Appears in 1 contract

Samples: Indemnification Agreement (Alto Neuroscience, Inc.)

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