Common use of CONTRIBUTION IN THE EVENT OF JOINT LIABILITY Clause in Contracts

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections 1 and 2 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding in which Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding), Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. Company shall not enter into any settlement of any action, suit or proceeding in which Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 63 contracts

Samples: Indemnification Agreement (Procore Technologies, Inc.), Indemnification Agreement (Procore Technologies, Inc.), Indemnification Agreement (Procore Technologies, Inc.)

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CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections 1 and 2 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding), the Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and the Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 34 contracts

Samples: Indemnification Agreement (Trxade Group, Inc.), Indemnification Agreement (Trxade Group, Inc.), Indemnification Agreement (Trxade Group, Inc.)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections 1 2 and 2 3 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding), the Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and the Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 18 contracts

Samples: Indemnification Agreement (Netshoes (Cayman) Ltd.), Indemnification Agreement (Netshoes (Cayman) Ltd.), Indemnification Agreement (Netshoes (Cayman) Ltd.)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections Section 1 and Section 2 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding Proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceedingthe Proceeding), the Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding in connection with any Proceeding without requiring Indemnitee to contribute to such payment and the Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding Proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceedingProceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 8 contracts

Samples: Indemnification Agreement (American Hospitality Properties REIT II, Inc.), Indemnification Agreement (American Hospitality Properties REIT II, Inc.), Indemnification Agreement (NYTEX Energy Holdings, Inc.)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not any of the indemnification and hold harmless rights provided in Sections 1 3, 4, 5 and 2 7 hereof is available, are available in respect of any threatened, pending or completed action, suit or proceeding Proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceedingProceeding), the Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding Proceeding without requiring Indemnitee to contribute to such payment payment, and the Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding Proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceedingProceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 6 contracts

Samples: Indemnity Agreement (STR Holdings, Inc.), Indemnity Agreement (Archipelago Learning, Inc.), Indemnity Agreement (STR Holdings LLC)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections 1 and Section 2 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be jointly liable if joined in such action, suit or proceeding), the Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment payment, and the Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be jointly liable if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 5 contracts

Samples: Indemnification Agreement (Icad Inc), Indemnification Agreement (Sports Authority Inc /De/), 21 Indemnification Agreement (Sports Authority Inc /De/)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections 1 and 2 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding Proceeding in which the Company is jointly liable with the Indemnitee (or would be if joined in such action, suit or proceedingProceeding), the Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding Proceeding without requiring the Indemnitee to contribute to such payment and the Company hereby waives and relinquishes any right of contribution it may have against the Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding Proceeding in which the Company is jointly liable with the Indemnitee (or would be if joined in such action, suit or proceedingProceeding) unless such settlement provides for a full and final release of all claims asserted against the Indemnitee.

Appears in 4 contracts

Samples: Indemnification Agreement (Glowpoint, Inc.), Indemnification Agreement (Resources Connection Inc), Indemnification Agreement (Qlogic Corp)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections 1 and 2 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding in which the Company or any Enterprise is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding), the Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and the Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 3 contracts

Samples: Indemnification Agreement (Rumble Inc.), Form of Director Indemnification Agreement (GFI Software S.A.), Form of Officer Indemnification Agreement (GFI Software S.A.)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections 1 and 2 or 4 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding), the Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and the Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 3 contracts

Samples: Indemnification Agreement (Arsanis, Inc.), Indemnification Agreement (Arsanis, Inc.), Indemnification Agreement (Catabasis Pharmaceuticals Inc)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections Section 1 and Section 2 hereof above is available, in respect of any threatened, pending or completed action, suit or proceeding in which Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding), Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. Company shall not enter into any settlement of any action, suit or proceeding in which Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 3 contracts

Samples: Indemnification Agreement (OVERSTOCK.COM, Inc), Indemnification Agreement (Overstock Com Inc), Indemnification Agreement (Altiris Inc)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification rights provided in Sections 1 and 2 hereof is herein are available, in respect of any threatened, pending or completed action, suit or proceeding Proceeding in which the Company is jointly liable with Indemnitee (or would be jointly liable if joined in such action, suit or proceeding), the Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding Proceeding without requiring Indemnitee to contribute to such payment payment, and the Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be jointly liable if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 2 contracts

Samples: Indemnification Agreement (Aei), Indemnification Agreement (Aei)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections 1 and 2 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding in which Company is jointly liable with Indemnitee (or would be jointly liable if joined in such action, suit or proceeding), Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and the Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be jointly liable if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee and no payment is required by the Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Simon Worldwide Inc)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a1) Whether or not any of the indemnification and hold harmless rights provided in Sections 1 3, 4, 5, and 2 7 hereof is available, are available in respect of any threatened, pending or completed action, suit or proceeding Proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceedingProceeding), the Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding Proceeding without requiring Indemnitee to contribute to such payment payment, and the Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding Proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceedingProceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Accpac International Inc)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not Subject to the indemnification provided in Sections Section 1 and 2 hereof is available, in with respect of to any threatened, pending or completed action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding), the Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and the Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Tactile Systems Technology Inc)

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CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) 1. Whether or not the indemnification provided in Sections 1 and 2 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding), the Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and the Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Auriga Laboratories, Inc.)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections 1 and 2 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding in which Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding), Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. Company shall not enter into any settlement of any action, suit or proceeding in which Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.. 4000-0000-0000.v1

Appears in 1 contract

Samples: Indemnification Agreement (Galaxy Gaming, Inc.)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not Subject to the indemnification provided in Sections Section 1 and 2 hereof is available, in with respect of to any threatened, pending or completed action, suit or proceeding in which Company the Corporation is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding), Company the Corporation shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and Company the Corporation hereby waives and relinquishes any right of contribution it may have against Indemnitee. Company The Corporation shall not enter into any settlement of any action, suit or proceeding in which Company the Corporation is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Coskata, Inc.)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections Section 1 and 2 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding), the Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and the Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Ceco Environmental Corp)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections Section 1 and 2 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding in which Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding), Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. Company shall not enter into any settlement of any action, suit or proceeding in which Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Equallogic Inc)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections 1 and 2 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding in which Company is jointly liable with Indemnitee (or would be jointly liable if joined in such action, suit or proceeding), Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and the Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding in which the Company is jointly liable with Indemnitee (or would be jointly liable if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Simon Worldwide Inc)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) 4.1 Whether or not the indemnification provided in Sections 1 and Section 2 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding in which Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding), Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding without requiring Indemnitee to contribute to such payment and Company hereby waives and relinquishes any right of contribution it may have against Indemnitee. Company shall not enter into any settlement of any action, suit or proceeding in which Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Electronic Clearing House Inc)

CONTRIBUTION IN THE EVENT OF JOINT LIABILITY. (a) Whether or not the indemnification provided in Sections 1 and 2 hereof is available, in respect of any threatened, pending or completed action, suit or proceeding Proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceedingProceeding), the Company shall pay, in the first instance, the entire amount of any judgment or settlement of such action, suit or proceeding Proceeding without requiring Indemnitee to contribute to such payment and the Company hereby waives and relinquishes relinquishes, to the fullest extent permitted by Law, any right of contribution it may have against Indemnitee. The Company shall not enter into any settlement of any action, suit or proceeding Proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such action, suit or proceedingProceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Theravance Biopharma, Inc.)

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