Common use of Expenses Incurred by Indemnitee Clause in Contracts

Expenses Incurred by Indemnitee. to Enforce this Agreement. Reasonable Expenses incurred by Indemnitee in connection with the preparation and submission of Indemnitee's request for indemnification hereunder shall be borne by the Company. In the event that Indemnitee is a party to or intervenes in any proceeding in which the validity or enforceability of this Agreement is at issue or seeks an adjudication or award in arbitration to enforce Indemnitee's rights under, or to recover damages for breach of, this Agreement, Indemnitee, if Indemnitee prevails in whole in such action, shall be entitled to recover from the Company and shall be indemnified by the Company against, any Expenses incurred by Indemnitee. If it is determined that Indemnitee is entitled to indemnification of part (but not all) of the indemnification so requested, Expenses incurred in seeking enforcement of such partial indemnification shall be reasonably prorated among such claims, issues or matters.

Appears in 2 contracts

Samples: Indemnification Agreement (Banner Central Finance Co), Indemnification Agreement (Hispanic Express Inc)

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Expenses Incurred by Indemnitee. to Enforce this Agreement. Reasonable Expenses All expenses incurred by Indemnitee in connection with the preparation and submission of Indemnitee's request for indemnification hereunder shall be borne by the Company. In the event that Indemnitee is a party to or intervenes in any proceeding in which the validity or enforceability of this Agreement is at issue or seeks an adjudication or award in arbitration to enforce Indemnitee's rights under, or to recover damages for breach of, this Agreement, Indemnitee, if Indemnitee prevails in whole in such action, shall be entitled to recover from the Company Company, and shall be indemnified by the Company against, any Expenses incurred by Indemnitee. If it is determined that Indemnitee is entitled to indemnification of for part (but not all) of the indemnification so requested, Expenses incurred in seeking enforcement of such partial indemnification shall be reasonably prorated among such the claims, issues or mattersmatters for which the Indemnitee is entitled to indemnification and for claims, issues or matters for which the Indemnitee is not so entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Spectre Industries Inc), Indemnification Agreement (Spectre Industries Inc)

Expenses Incurred by Indemnitee. to Enforce this ----------------------------------------------- Agreement. Reasonable Expenses expenses incurred by Indemnitee in connection with the --------- preparation and submission of Indemnitee's request for indemnification hereunder shall be borne by the Company. In the event that Indemnitee is a party to or intervenes in any proceeding in which the validity or enforceability of this Agreement is at issue or seeks an adjudication or award in arbitration to enforce Indemnitee's rights under, or to recover damages for breach of, this Agreement, Indemnitee, if Indemnitee prevails in whole in such action, shall be entitled to recover from the Company and shall be indemnified by the Company against, any Expenses incurred by Indemnitee. If it is determined that Indemnitee is entitled to indemnification of part (but not all) of the indemnification so requested, Expenses incurred in seeking enforcement of such partial indemnification shall be reasonably prorated among such claims, issues or matters.

Appears in 1 contract

Samples: Indemnification Agreement (Careinsite Inc)

Expenses Incurred by Indemnitee. to Enforce this Agreement. Reasonable All Expenses incurred by Indemnitee in connection with the preparation and submission of Indemnitee's request for indemnification hereunder shall be jointly and severally borne by the CompanyCompany and the Subsidiary. In the event that Indemnitee is a party to or intervenes in any proceeding Proceeding in which the validity or enforceability of this Agreement is at issue or seeks an adjudication or award in arbitration to enforce Indemnitee's rights under, or to recover damages for breach of, this Agreement, Indemnitee, if Indemnitee prevails in whole in such action, shall be entitled to recover from the Company and the Subsidiary, and shall be jointly and severally indemnified by the Company and the Subsidiary against, any Expenses incurred by Indemnitee. If it is determined that Indemnitee is entitled to indemnification of for part (but not all) of the indemnification so requested, Expenses incurred in seeking enforcement of such partial indemnification shall be reasonably prorated among such the claims, issues or mattersmatters for which Indemnitee is entitled to indemnification and for claims, issues or matters for which Indemnitee is not so entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Commscope Inc)

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Expenses Incurred by Indemnitee. to Enforce this Agreement. Reasonable All Expenses incurred by Indemnitee in connection with the preparation and submission of Indemnitee's request for indemnification hereunder shall be borne by the Company. In the event that Indemnitee is a party to or intervenes in any proceeding in which the validity or enforceability of this Agreement is at issue or seeks an adjudication or award in arbitration to enforce Indemnitee's rights under, or to recover damages for breach of, this Agreement, Indemnitee, if Indemnitee prevails in whole in such action, shall be entitled to recover from the Company Company, and shall be indemnified by the Company against, any Expenses incurred by Indemnitee. If it is determined that Indemnitee is entitled to indemnification of for part (but not all) of the indemnification so requested, Expenses incurred in seeking enforcement of such partial indemnification shall be reasonably prorated among such the claims, issues or mattersmatters for which the Indemnitee is entitled to indemnification and for claims, issues or matters for which the Indemnitee is not so entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Pc Ephone Inc)

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