Proof by Company. In the event that Section 8.1 is inapplicable, or does not apply to the entire proceeding, the Company shall nonetheless indemnify the Indemnitee unless the Company shall prove by clear and convincing evidence to a forum listed in Section 8.4 below that the Indemnitee has not met the applicable standard of conduct required to entitle the Indemnitee to such indemnification.
Appears in 37 contracts
Samples: Share Exchange Agreement (Peregrine Industries Inc), Agreement and Plan of Merger (Synergy CHC Corp.), Indemnification Agreement (Yubo International Biotech LTD)
Proof by Company. In the event that Section 8.1 is inapplicable, or does not apply to the entire proceeding, the Company shall nonetheless indemnify the Indemnitee unless the Company shall prove by clear and convincing evidence to a forum listed in Section 8.4 8.3 below that the Indemnitee has not met the applicable standard of conduct required to entitle the Indemnitee to such indemnification.
Appears in 11 contracts
Samples: Indemnification Agreement (CaliberCos Inc.), Indemnification Agreement (Adamas One Corp.), Indemnity Agreement (Nuvola, Inc.)
Proof by Company. In the event that Section 8.1 6.1 is inapplicable, or does not apply to the entire proceeding, the Company shall nonetheless indemnify the Indemnitee unless the Company shall prove by clear and convincing evidence to a forum listed in Section 8.4 below that the Indemnitee has not met the applicable standard of conduct required to entitle the Indemnitee to such indemnification.
Appears in 1 contract
