Common use of Right of Indemnitee to Indemnification Upon Application; Procedure Upon Application Clause in Contracts

Right of Indemnitee to Indemnification Upon Application; Procedure Upon Application. Any indemnification under this Agreement, other than pursuant to Section 4, shall be made no later than 25 days after receipt by the Corporation of the written request of Indemnitee, accompanied by substantiating documentation.

Appears in 4 contracts

Samples: Indemnification Agreement (Coldwater Creek Inc), Indemnification Agreement (Ciber Inc), Indemnification Agreement (Royal Gold Inc)

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Right of Indemnitee to Indemnification Upon Application; Procedure Upon Application. Any indemnification under this Agreement, other than pursuant to Section 4, shall be made no later than 25 45 days after receipt by the Corporation of the written request of Indemnitee, accompanied by substantiating documentation. The right to indemnification or advances as provided by this Agreement shall be enforceable by Indemnitee in any court of competent jurisdiction. The burden of proving that indemnification is not appropriate shall be on the Corporation.

Appears in 3 contracts

Samples: Indemnification Agreement (Alliance Data Systems Corp), Indemnification Agreement (Westport Resources Corp), Indemnification Agreement (Westport Resources Corp /Nv/)

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Right of Indemnitee to Indemnification Upon Application; Procedure Upon Application. (a) Any indemnification under this AgreementSections 3, other than pursuant to Section 4, 4 and 7 shall be made as soon as practicable but in any event no later than 25 thirty (30) days after receipt by the Corporation of the written request of Indemnitee. The provisions of Article Tenth, accompanied by substantiating documentationSection 4 of the second amended and restated certificate of incorporation, and as amended hereafter, shall not be applicable to indemnification under this agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (Versatility Inc), Indemnification Agreement (Versatility Inc), Indemnification Agreement (Versatility Inc)

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