Common use of Determination of Right to Indemnification Clause in Contracts

Determination of Right to Indemnification. 8.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 or 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 57 contracts

Samples: Indemnity Agreement (Selectis Health, Inc.), Indemnity Agreement (Rubicon Financial Inc), Indemnity Agreement (SUNSHINE SILVER MINES Corp)

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Determination of Right to Indemnification. 8.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 or 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 24 contracts

Samples: Indemnification Agreement (Bannix Acquisition Corp.), Indemnification Agreement (Gopher Protocol Inc.), Indemnification Agreement (Gopher Protocol Inc.)

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 4(a), 4(b) or 4.2 4(c) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may betherewith.

Appears in 19 contracts

Samples: Indemnity Agreement (Blum Holdings, Inc.), Indemnity Agreement (Blum Holdings, Inc.), Indemnity Agreement (Blum Holdings, Inc.)

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 3(a), 3(b) or 4.2 3(c) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may betherewith.

Appears in 15 contracts

Samples: Employment Agreement (Symantec Corp), Employment Agreement (Symantec Corp), Employment Agreement (Symantec Corp)

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 4.1 4(a) or 4.2 4(b) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses Expenses actually and reasonably incurred by him in connection with the investigation, defense defense, or appeal of such proceeding, or such claim, issue or matter, as the case may beProceeding.

Appears in 8 contracts

Samples: Indemnity Agreement (Ascential Software Corp), Indemnity Agreement (Ascential Software Corp), Indemnity Agreement (Ascential Software Corp)

Determination of Right to Indemnification. 8.1 8.1. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 or 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be, including without limitation Indemnitee’s attorneys’ fees.

Appears in 7 contracts

Samples: Employment Agreement (Nac Global Technologies, Inc.), Indemnity Agreement (xG TECHNOLOGY, INC.), Indemnity Agreement (NXT-Id, Inc.)

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 4(a), 4(b), or 4.2 4(c) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 5 contracts

Samples: Indemnity Agreement (Cadence Design Systems Inc), Indemnity Agreement (Cadence Design Systems Inc), Transition and Release Agreement (Cadence Design Systems Inc)

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in the defense of any proceeding referred to in Section 4.1 4(a), 4(b), 4(c) or 4.2 4(d) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him Indemnitee in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 4 contracts

Samples: Indemnity Agreement (Bristow Group Inc), Indemnity Agreement (Rush Enterprises Inc \Tx\), Indemnity Agreement (Bristow Group Inc)

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 4(a) or 4.2 4(b) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection with therewith to the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may beextent permitted by law.

Appears in 3 contracts

Samples: Indemnity Agreement (ACA Capital Holdings Inc), Indemnity Agreement (ACA Capital Holdings Inc), Indemnity Agreement (ACA Capital Holdings Inc)

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 or 4.2 of this Agreement 4 or in the defense of any claim, issue or matter described therein, the Indemnitee shall be entitled to indemnification from the Company and the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 3 contracts

Samples: Indemnity Agreement (Superior Energy Services Inc), Indemnity Agreement (Ascent Energy Inc), Indemnity Agreement (Grant Geophysical Inc)

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 subsections 4(a), 4(b) or 4.2 4(c) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense defense, or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 3 contracts

Samples: Indemnity Agreement (Maxtor Corp), Indemnity Agreement (Maxtor Corp), Indemnity Agreement (Maxtor Corp)

Determination of Right to Indemnification. 8.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 4.1 or 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses Expenses actually and reasonably incurred by him in connection with the Indemnity Agreement investigation, defense or appeal of such proceedingProceeding, or such claim, issue or matter, as the case may be.

Appears in 2 contracts

Samples: Indemnity Agreement (Evans & Sutherland Computer Corp), Indemnity Agreement (Zagg INC)

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 4.1 4(a), 4(b) or 4.2 4(c) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses Expenses actually and reasonably incurred by him or her in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may betherewith.

Appears in 2 contracts

Samples: Indemnity Agreement (Chaparral Energy, Inc.), Indemnity Agreement (Chaparral Energy, Inc.)

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 subsections 4(a), 4(b) or 4.2 4(c) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him the Indemnitee in connection with the investigation, defense defense, or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 2 contracts

Samples: Indemnity Agreement (Imation Corp), Indemnity Agreement (Imation Corp)

Determination of Right to Indemnification. 8.1 7.1. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 or 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be, including without limitation Indemnitee’s attorneys’ fees.

Appears in 2 contracts

Samples: Indemnity Agreement (Aftersoft Group), Indemnity Agreement (Aftersoft Group)

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 Sections 4(a) or 4.2 4(b) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 2 contracts

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

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 4.1 Sections 3(a), 3(b), or 4.2 3(c) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses Expenses actually and reasonably incurred by him him/her in connection with the investigation, defense defense, or appeal of such proceeding, or such claim, issue or matter, as the case may beProceeding.

Appears in 1 contract

Samples: Separation Agreement and Release (Thoratec Corp)

Determination of Right to Indemnification. 8.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 or 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him [him][her] in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 1 contract

Samples: Indemnity Agreement (Sunshine Silver Mining & Refining Corp)

Determination of Right to Indemnification. 8.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 or 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him Indemnitee in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 1 contract

Samples: Indemnification Agreement (Ipsidy Inc.)

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Determination of Right to Indemnification. 8.1 7.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 3.1 or 4.2 3.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 1 contract

Samples: Indemnity Agreement (Computer Programs & Systems Inc)

Determination of Right to Indemnification. 8.1 Success on the Merits. To the extent the Indemnitee has been --------------------- successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 or 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 1 contract

Samples: Autoweb Com Inc

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 4.1 3(a) or 4.2 Section 3(b) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses Liabilities and Expenses actually and reasonably incurred by him the Indemnitee in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may betherewith.

Appears in 1 contract

Samples: Indemnification Agreement (Perfumania Holdings, Inc.)

Determination of Right to Indemnification. 8.1 To (a) Notwithstanding any other provision of this Agreement, to the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 Sections 4(a) or 4.2 4(b) of this Agreement or in the defense of any claim, issue or matter described therein, the Company Corporation shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense defense, or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 1 contract

Samples: Indemnification Agreement (Superior Industries International Inc)

Determination of Right to Indemnification. 8.1 7.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 3.1 or 4.2 3.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.,

Appears in 1 contract

Samples: Indemnity Agreement (Allied Healthcare International Inc)

Determination of Right to Indemnification. 8.1 (a) Indemnitee Successful on Merits. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 4(a) or 4.2 4(b) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against all expenses actually and reasonably incurred by him the Indemnitee in connection with the investigation, defense or appeal of such proceeding or the Indemnitee’s being a witness or other participant in such proceeding, or such claim, issue or matter, as the case may be.

Appears in 1 contract

Samples: Indemnity Agreement (Intuit Inc)

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 subsections 4(a), 4(b), or 4.2 4(c) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense defense, or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 1 contract

Samples: Indemnity Agreement (Aureal Semiconductor Inc)

Determination of Right to Indemnification. 8.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 4.1 or 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection with the investigation, defense or appeal of such proceedingProceeding, or such claim, issue or matter, as the case may be.

Appears in 1 contract

Samples: Indemnification Agreement (Iec Electronics Corp)

Determination of Right to Indemnification. 8.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 or 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 1 contract

Samples: Indemnity Agreement (Phoenix Technologies LTD)

Determination of Right to Indemnification. 8.1 (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 4(a) or 4.2 4(b) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Intuit Inc)

Determination of Right to Indemnification. 8.1 a. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 4.1 4(a), 4(b) or 4.2 4(c) of this Agreement or in the defense of any claim, issue or matter described thereinAgreement, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may beIndemnitee’s Expenses.

Appears in 1 contract

Samples: Indemnity Agreement (First Choice Bancorp)

Determination of Right to Indemnification. 8.1 7.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 3.1 or 4.2 3.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 1 contract

Samples: Indemnity Agreement (Vitalstate Inc)

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