Common use of PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION Clause in Contracts

PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION. (a) Within sixty (60) days after the actual receipt by Indemnitee of notice that he or she is a party to or a participant (as a witness or otherwise) in any Proceeding, Indemnitee shall submit to the Company a written notice identifying the Proceeding. The omission by the Indemnitee to notify the Company will not relieve the Company from any liability which it may have to Indemnitee (i) otherwise than under this Agreement, and (ii) under this Agreement only to the extent the Company can establish that such omission to notify resulted in actual prejudice to the Company.

Appears in 20 contracts

Samples: Indemnity Agreement, Indemnity Agreement (Carriage Services Inc), Indemnity Agreement (Carriage Services Inc)

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PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION. (a) Within sixty (60) days after the actual receipt by Indemnitee of notice that he or she is a party to or a participant (as a witness or otherwise) in any Proceeding, Indemnitee shall submit to the Company a written notice identifying the Proceeding. The omission by the Indemnitee to notify the Company will not relieve the Company from any liability which it may have to Indemnitee (i) otherwise than under this Agreement, Agreement and (ii) under this Agreement unless and only to the extent that the Company can establish that such omission to notify resulted in actual prejudice to the Company.

Appears in 17 contracts

Samples: Indemnification Agreement (Evoke Pharma Inc), Indemnification Agreement (Puma Biotechnology, Inc.), Indemnification Agreement (Sorrento Therapeutics, Inc.)

PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION. (a) Within sixty (60) days after the actual receipt by Indemnitee of notice that he or she is a party to or a participant (as a witness or otherwise) in any Proceeding, Indemnitee shall submit to the Company a written notice identifying the Proceeding. The omission by the Indemnitee to notify the Company will not relieve the Company from any liability which it may have to Indemnitee (i) otherwise than under this Agreement, Agreement and (ii) under this Agreement only to the extent the Company can establish that such omission to notify resulted in actual prejudice to the Company.

Appears in 8 contracts

Samples: Employment Agreement (Zogenix, Inc.), Employment Agreement (Zogenix, Inc.), Indemnification Agreement (Bare Escentuals Inc)

PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION. (a) Within sixty (60) days after the actual receipt by Indemnitee of notice that he or she is a party to or is requested to be a participant in (as a witness or otherwise) in any Proceeding, Indemnitee shall submit to the Company a written notice identifying the Proceeding. The omission failure by the Indemnitee to notify the Company within such 60-day period will not relieve the Company from any liability which it may have to Indemnitee (i) otherwise than under this Agreement, and (ii) under this Agreement only to the extent Agreement, provided that if the Company can establish that such omission failure to notify the Company in a timely manner resulted in actual prejudice to the Company, then the Company will be relieved from liability under this Agreement only to the extent of such actual prejudice.

Appears in 8 contracts

Samples: Indemnification Agreement (Medivation, Inc.), Indemnification Agreement (Medivation, Inc.), Indemnification Agreement (Medivation, Inc.)

PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION. (a) Within sixty forty-five (6045) days after the actual receipt by Indemnitee of notice that he or she is a party to or a participant (as a witness or otherwise) in any Proceeding, Indemnitee shall submit to the Company a written notice identifying the Proceeding. The omission by the Indemnitee to notify the Company will not relieve the Company from any liability which it may have to Indemnitee (i) otherwise than under this Agreement, and (ii) under this Agreement only to the extent the Company can establish that such omission to notify resulted in actual prejudice to the Company.

Appears in 5 contracts

Samples: Indemnification Agreement (Trans World Corp), Indemnification Agreement (Stamford Industrial Group, Inc.), Indemnification Agreement (Clarus Corp)

PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION. (a) Within sixty (60) days after the actual receipt by Indemnitee of notice that he or she is a party to or is requested to be a participant in (as a witness or otherwise) in any Proceeding, Indemnitee shall submit to the Company a written notice identifying the Proceeding. The omission failure by the Indemnitee to notify the Company within such 60-day period will not relieve the Company from any liability which it may have to Indemnitee (i) otherwise than under this Agreement, and (ii) under this Agreement only to the extent Agreement, provided that if the Company can establish that such omission failure to notify the Company in a timely manner resulted in actual prejudice to the Company, then the Company will be relieved from liability only to the extent of such actual prejudice.

Appears in 4 contracts

Samples: Indemnification Agreement (Houston Exploration Co), Officers' and Directors' Indemnification Agreement (Loral Space & Communications Inc.), Officers' and Directors' Indemnification Agreement (Loral Space & Communications Inc.)

PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION. (a) Within sixty (60) days after the actual receipt by Indemnitee of notice that he or she is a party to or a participant (as a witness or otherwise) in any Proceeding, Indemnitee shall submit to the Company a written notice identifying the Proceeding. The omission by the Indemnitee to notify the Company will not relieve the Company from any liability which it may have to Indemnitee (i) otherwise than under this Agreement, Agreement and (ii) under this Agreement only except to the extent the Company can establish that such omission to notify resulted in actual prejudice to the Company.

Appears in 4 contracts

Samples: Executive Employment Agreement (Lee Samuel Sang-Bum), Indemnification Agreement (Design Within Reach Inc), Executive Employment Agreement (Topper Alexa)

PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION. (a) Within sixty (60) days after the actual receipt by Indemnitee of notice that he or she is a party to or a participant (as a witness or otherwise) or otherwise involved in any Proceeding, Indemnitee shall submit to the Company a written notice identifying the Proceeding. The omission failure by the Indemnitee to so notify the Company will not relieve the Company from any liability which it may have to Indemnitee (i) otherwise than under this Agreement, and (ii) under this Agreement only or otherwise, except to the extent the Company can establish that such omission failure to notify resulted in actual prejudice to the Company.

Appears in 2 contracts

Samples: Indemnity Agreement (Orbitz Worldwide, Inc.), Indemnity Agreement (Heritage-Crystal Clean, Inc.)

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PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION. (a) Within sixty (60) days after the actual receipt by the Indemnitee of notice that he or she is a party to or a participant (as a witness or otherwise) in any Proceeding, the Indemnitee shall submit to the Company a written notice identifying the Proceeding. The omission by the Indemnitee to notify the Company will not relieve the Company from any liability which it may have to the Indemnitee (i) otherwise than under this Agreement, Agreement and (ii) under this Agreement unless and only to the extent that the Company can establish that such omission to notify resulted in actual prejudice to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (ChemoCentryx, Inc.)

PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION. (a) Within sixty thirty (6030) days after the actual receipt by Indemnitee of notice that he or she is a party to or a participant (as a witness or otherwise) in any Proceeding, Indemnitee shall submit to the Company a written notice identifying the Proceeding. The omission by the Indemnitee to notify the Company will not relieve the Company from any liability which it may have to Indemnitee (i) otherwise than under this Agreement, Agreement and (ii) under this Agreement only except to the extent the Company can establish that such omission to notify resulted in actual prejudice to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Northwestern Corp)

PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION. (a) Within sixty (60) days after the actual receipt by Indemnitee of notice that he or she is a party to or a participant (as a witness or otherwise) in any Proceeding, Indemnitee shall submit to the Company a written notice identifying the Proceeding. The omission by the Indemnitee to notify the Company will not relieve the Company from any liability which it may have to Indemnitee (i) otherwise than under this Agreement, Agreement and (ii) under this Agreement unless and only to the extent that the Company can establish that such omission to notify resulted in actual prejudice to the CompanyCompany (in such case, the Company will be relieved from liability only to the extent of such actual prejudice).

Appears in 1 contract

Samples: Indemnification Agreement (Viasat Inc)

PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION. (a) Within sixty (60) days after the actual receipt by Indemnitee of notice that he or she is a party to or is requested to be a participant in (as a witness or otherwise) in any Proceeding, Indemnitee shall submit to the Company a written notice identifying the Proceeding. The omission failure by the Indemnitee to notify the Company within such 60-day period will not relieve the Company from any liability obligation which it may have to Indemnitee (i) otherwise than under this Agreement, and (ii) under this Agreement only to the extent Agreement, provided that if the Company can establish that such omission failure to notify the Company in a timely manner resulted in actual prejudice to the Company, then the Company will be relieved from an obligation under this Agreement only to the extent of such actual prejudice.

Appears in 1 contract

Samples: Director’s Indemnification Agreement (Craftmade International Inc)

PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION. (a) Within sixty thirty (6030) days after the actual receipt by Indemnitee of notice that he or she is a party to or is requested to be a participant in (as a witness or otherwise) in any Proceeding, Indemnitee shall submit to the Company a written notice identifying the Proceeding. The omission failure by the Indemnitee to notify the Company within such 60-day period will not relieve the Company from any liability which it may have to Indemnitee (i) otherwise than under this Agreement, and (ii) under this Agreement only to the extent Agreement, provided that if the Company can establish that such omission failure to notify the Company in a timely manner resulted in actual prejudice to the Company, then the Company will be relieved from liability under this Agreement only to the extent of such actual prejudice.

Appears in 1 contract

Samples: Employment Agreement (USA Mobility, Inc)

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