Common use of Procedures Valid Clause in Contracts

Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement.

Appears in 19 contracts

Sources: Indemnification Agreement (Colgate Palmolive Co), Indemnification Agreement (Colgate Palmolive Co), Indemnification Agreement (Transwitch Corp /De)

Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 9 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all of the provisions of this Agreement.

Appears in 13 contracts

Sources: Indemnification Agreement (Sucampo Pharmaceuticals, Inc.), Indemnification Agreement (Sucampo Pharmaceuticals, Inc.), Indemnification Agreement (Sucampo Pharmaceuticals, Inc.)

Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Agreement that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement. If a determination is made that the Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration.

Appears in 6 contracts

Sources: Indemnification Agreement (Rayonier Inc), Indemnification Agreement (Rayonier Inc), Indemnification Agreement (Rayonier Advanced Materials Inc.)

Procedures Valid. The Company shall be is precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 8 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall must stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement.

Appears in 5 contracts

Sources: Indemnification Agreement (Troy Group Inc), Indemnification Agreement (Rdo Equipment Co), Indemnification Agreement (Tricord Systems Inc /De/)

Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 8 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all of the provisions of this Agreement.

Appears in 4 contracts

Sources: Indemnification Agreement (SoftBrands, Inc.), Indemnification Agreement (EnteroMedics Inc), Indemnification Agreement (Restore Medical, Inc.)

Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court Court or before any such arbitrator that the Company is bound by all the provisions of this Agreement.

Appears in 4 contracts

Sources: Indemnification Agreement (Natural Health Trends Corp), Indemnification Agreement (Sinohub, Inc.), Indemnification Agreement (Natural Health Trends Corp)

Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 7.5 that the procedures and presumptions of this Agreement Sections 7.3 and 7.4 are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator arbitrators that the Company is bound by all the provisions of this Agreement.

Appears in 3 contracts

Sources: Executive Employment Agreement (Nabors Industries LTD), Executive Employment Agreement (Nabors Industries LTD), Executive Employment Agreement (Nabors Industries LTD)

Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 4 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is contractually bound by all the provisions of this Agreement.

Appears in 3 contracts

Sources: Indemnification Agreement (Scotts Liquid Gold Inc), Indemnification Agreement (Scotts Liquid Gold Inc), Indemnification Agreement (Scotts Liquid Gold Inc)

Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 9 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreementenforceable.

Appears in 2 contracts

Sources: Indemnification Agreement (Flowserve Corp), Employment Agreement (Flowserve Corp)

Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII ARTICLE VII that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement.

Appears in 1 contract

Sources: Indemnification Agreement (Genesee Corp)

Procedures Valid. The Company Corporation shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Paragraph 11 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company Corporation is bound by all the provisions of this Agreement.

Appears in 1 contract

Sources: Indemnification Agreement (American Science & Engineering, Inc.)

Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 8 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement.

Appears in 1 contract

Sources: Indemnification Agreement (Aldila Inc)

Procedures Valid. The Company shall be precluded from asserting in ---------------- any judicial proceeding or arbitration commenced pursuant to this Article VIII that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement.

Appears in 1 contract

Sources: Indemnification Agreement (Vivid Technologies Inc)

Procedures Valid. The Company shall be is precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Article VIII Section 8 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall must stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement.. (f)

Appears in 1 contract

Sources: Indemnification Agreement (Fargo Electronics Inc)