Right to Indemnification. In the event that Section 5(a) is inapplicable, the Company shall indemnify the Indemnitee pursuant to this Agreement unless, and except to the extent that, it shall have been determined by one of the methods listed in Section 8(b) that the Indemnitee has not met the applicable standard of conduct required to entitle the Indemnitee to such indemnification.
Appears in 36 contracts
Samples: Indemnity Agreement (Active Network Inc), Indemnity Agreement (Active Network Inc), Indemnity Agreement (NV5 Holdings, Inc.)
Right to Indemnification. In the event that Section 5(a) is inapplicable, the Company shall indemnify the Indemnitee pursuant to this Agreement unless, and except to the extent that, it shall have been determined by one of the methods listed in Section 8(b) that the Indemnitee has not met the applicable standard of conduct required to entitle the Indemnitee to such indemnification.
Appears in 31 contracts
Samples: Indemnification Agreement (Netlist Inc), Indemnification Agreement (JDS Uniphase Corp /Ca/), Indemnification Agreement (Lpath, Inc)
Right to Indemnification. In the event that Section 5(a) of this Agreement is inapplicable, the Company shall indemnify the Indemnitee pursuant to this Agreement unless, and except to the extent that, it shall have been determined by one of the methods listed in Section 8(b) that the Indemnitee has not met the applicable standard of conduct required to entitle the Indemnitee to such indemnification.
Appears in 3 contracts
Samples: Indemnification Agreement (Premier, Inc.), Form of Indemnification Agreement (Premier, Inc.), Limited Partnership Agreement (Premier, Inc.)
Right to Indemnification. In the event that Section 5(a) is inapplicable, the Company shall indemnify the Indemnitee pursuant to this Agreement unless, and except to the extent that, it shall have been determined by one of the methods listed in Section 8(b9(b) that the Indemnitee has not met the applicable standard of conduct required to entitle the Indemnitee to such indemnification.
Appears in 2 contracts
Samples: Indemnification Agreement (Novocure LTD), Indemnification Agreement (Novocure LTD)
Right to Indemnification. In the event that Section 5(a) 5 of this Agreement is inapplicable, the Company shall indemnify the Indemnitee pursuant to this Agreement unless, and except to the extent that, it shall have been determined by one of the methods listed in Section 8(b) that the Indemnitee has not met the applicable standard of conduct required to entitle the Indemnitee to such indemnification.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Premier, Inc.), Limited Partnership Agreement (Premier, Inc.)
Right to Indemnification. In the event that Section 5(a) is inapplicable, the Company shall indemnify the Indemnitee Indemnitees pursuant to this Agreement unless, and except to the extent that, it shall have been determined by one of the methods listed in Section 8(b) that the Indemnitee Indemnitees has not met the applicable standard of conduct required to entitle the Indemnitee Indemnitees to such indemnification.
Appears in 2 contracts
Samples: Indemnity Agreement (Motorsport Games Inc.), Indemnity Agreement (iBio, Inc.)
Right to Indemnification. In the event that an Indemnitee is entitled to indemnity pursuant to Section 5(a5, such indemnity shall be provided without regard to Sections 4(a) is inapplicableand 4(b) or this Section 8. Otherwise, the Company shall indemnify the Indemnitee pursuant to this Agreement unless, and except to the extent that, it shall have been determined by one of the methods listed in Section 8(b) below that the Indemnitee has not met the applicable standard of conduct required to entitle the Indemnitee to such indemnification.
Appears in 1 contract
