Common use of Partial Indemnification Clause in Contracts

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him in the investigation, defense, settlement or appeal of a Proceeding, but is not entitled to indemnification or advancement of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.

Appears in 95 contracts

Samples: Indemnification Agreement (AVRA Medical Robotics, Inc.), Indemnification Agreement (China Biologic Products Holdings, Inc.), Indemnification Agreement (Nutrastar International Inc.)

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Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes and penalties, and amounts paid in settlement) incurred by him in the investigation, defense, settlement or appeal of a Proceedingproceeding, but is not entitled entitled, however, to indemnification or advancement for all of the total amount thereofhereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for such total amount except as to the portion of such Expenses or liabilities hereof to which the Indemnitee is not entitled.

Appears in 84 contracts

Samples: Indemnity Agreement (Qualcomm Inc/De), Separation Agreement and Release (Ocz Technology Group Inc), Indemnity Agreement (Nano Vibronix, Inc.)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, ERISA excise taxes or penalties and amounts paid in settlement) incurred by him in the investigation, defense, settlement or appeal of a Proceeding, proceeding but is not entitled entitled, however, to indemnification or advancement for all of the total amount thereof, then the Company shall nevertheless indemnify or pay advancements to the Indemnitee for such total amount except as to the portion of such Expenses or liabilities thereof to which the Indemnitee is entitlednot entitled to indemnification.

Appears in 42 contracts

Samples: Indemnity Agreement (Selectis Health, Inc.), Indemnity Agreement (Rubicon Financial Inc), Indemnity Agreement (Verisign Inc/Ca)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited tothe costs, judgments, penalties, fines, penaltiesliabilities or Expenses actually and reasonably incurred in connection with any action, and amounts paid in settlement) incurred suit or proceeding (including an action, suit or proceeding brought by him in or on behalf of the investigation, defense, settlement or appeal of a ProceedingCompany), but is not entitled to indemnification or advancement not, however, for all of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such costs, judgments, penalties, fines, liabilities and Expenses or liabilities actually and reasonably incurred to which the Indemnitee is entitled.

Appears in 19 contracts

Samples: Indemnification Agreement (Quidel Corp /De/), Indemnification Agreement (Sunpower Corp), Indemnification Agreement (Adept Technology Inc)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties, and amounts paid in settlement) incurred by him or her in the investigation, defense, settlement or appeal of a Proceedingproceeding but not entitled, but is not entitled however, to indemnification or advancement for all of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for such total amount except as to the portion of such Expenses or liabilities thereof to which the Indemnitee is not entitled.

Appears in 19 contracts

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

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties, and amounts paid in settlement) incurred by him in the investigation, defense, settlement or appeal of a Proceedingproceeding but not entitled, but is not entitled however, to indemnification or advancement for all of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for such total amount except as to the portion of such Expenses or liabilities thereof to which the Indemnitee is not entitled.

Appears in 18 contracts

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

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company Corporation of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him in the investigation, defense, settlement or appeal of a Proceeding, but is not entitled to indemnification or advancement of the total amount thereof, the Company Corporation shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.

Appears in 17 contracts

Samples: Indemnification Agreement (Eplus Inc), Indemnification Agreement (Leslies Poolmart Inc), Stock Repurchase Agreement (Osicom Technologies Inc)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of Corporation for some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited tothe costs, judgments, penalties, fines, penaltiesliabilities or Expenses actually and reasonably incurred in connection with any action, and amounts paid in settlement) incurred suit or proceeding (including an action, suit or proceeding brought by him in or on behalf of the investigation, defense, settlement or appeal of a ProceedingCorporation), but is not entitled to indemnification or advancement not, however, for all of the total amount thereof, the Company Corporation shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such costs, judgments, penalties, fines, liabilities and Expenses or liabilities actually and reasonably incurred to which the Indemnitee is entitled.

Appears in 9 contracts

Samples: Director and Officer Indemnification Agreement (Along Mobile Technologies Inc), Director and Officer Indemnification Agreement (Along Mobile Technologies Inc), Director and Officer Indemnification Agreement (Along Mobile Technologies Inc)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him or her in the investigation, defense, settlement or appeal of a Proceeding, but is not entitled to indemnification or advancement of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.

Appears in 7 contracts

Samples: Indemnification Agreement (One Horizon Group, Inc.), Indemnification Agreement (One Horizon Group, Inc.), Indemnification Agreement (One Horizon Group, Inc.)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company Corporation of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him in the investigation, defense, settlement or appeal of a Proceeding, but is not entitled to indemnification or advancement of the total amount thereof, the Company Corporation shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.

Appears in 4 contracts

Samples: Indemnification Agreement (Bank of Marin Bancorp), Form of Indemnification Agreement (Sterling West Bancorp), Form of Indemnification Agreement (Sterling West Bancorp)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penaltiespenalties or, and subject to Section 10(d) hereof, amounts paid in settlement) actually and reasonably incurred by him in the investigation, defense, settlement or appeal of a Proceeding, Proceeding but is not entitled entitled, however, to indemnification or advancement of for the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities thereof to which the Indemnitee is entitled.

Appears in 3 contracts

Samples: Indemnity Agreement (Maxwell Technologies Inc), Indemnity Agreement (Atx Group Inc), Indemnity Agreement (Maxwell Technologies Inc)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties, and amounts paid in settlement) incurred by him the Indemnitee in the investigation, defense, settlement or appeal of a Proceedingproceeding but not entitled, but is not entitled however, to indemnification or advancement for all of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the that portion of such Expenses or liabilities thereof to which the Indemnitee is entitled.

Appears in 3 contracts

Samples: Cepheid Indemnification Agreement (Cepheid), Separation Agreement and Release (Thoratec Corp), Director Indemnification Agreement (Enova Systems Inc)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company Bank of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him Indemnitee in the investigation, defense, settlement or appeal of a Proceeding, but is not entitled to indemnification or advancement of the total amount thereof, the Company Bank shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.

Appears in 3 contracts

Samples: Indemnification Agreement (1st Pacific Bancorp), Indemnification Agreement (Gateway Pacific Bancorp), Indemnification Agreement (Gateway Pacific Bancorp)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company Corporation of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him Indemnitee in the investigation, defense, settlement or appeal of a Proceeding, but is not entitled to indemnification or advancement of the total amount thereof, the Company Corporation shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Sport Chalet Inc), Indemnification Agreement (Hemacare Corp /Ca/)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him Indemnitee in the investigation, defense, settlement or appeal of a Proceeding, but is not entitled to indemnification or advancement of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Gateway Pacific Bancorp), Indemnification Agreement (Gateway Pacific Bancorp)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited tothe costs, judgments, penalties, fines, penaltiesliabilities or Expenses actually and reasonably incurred in connection with any action, and amounts paid in settlement) incurred suit or proceeding (including an action, suit or proceeding brought by him in or on behalf of the investigation, defense, settlement or appeal of a ProceedingCompany), but is not entitled to indemnification or advancement not, however, for all of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such costs, judgments, penalties, fines, liabilities and Expenses or liabilities actually and reasonably incurred by Indemnitee to which the Indemnitee is entitled.

Appears in 2 contracts

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

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company Corporation of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him Indemnitee in the investigation, defense, settlement settle-ment or appeal of a Proceeding, but is not entitled to indemnification indemnifi-cation or advancement of the total amount thereof, the Company Corporation shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Hemacare Corp /Ca/)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses or liabilities of any type whatsoever (includingthe Expenses, but not limited to, judgments, fines, penalties, judgments and amounts paid in settlement) Liabilities actually and reasonably incurred by him the Indemnitee in connection with the investigation, defense, appeal or settlement or appeal of a Proceedingsuch Claim described in Sections ‎5 and ‎6 hereof, but is not entitled to indemnification or advancement of for the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities Expenses, judgments and Liabilities actually and reasonably incurred by the Indemnitee to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Baker Hughes Co)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses expense or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties, and amounts paid in settlement) incurred by him in the investigation, defense, settlement or appeal of a Proceedingproceeding but not entitled, but is not entitled however, to indemnification or advancement for all of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for such total amount except as to the portion of such Expenses or liabilities thereof to which the Indemnitee is not entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Kani Inc)

Partial Indemnification. If the Indemnitee is entitled under any ----------------------- provision of this Agreement to indemnification or advancement by the Company Corporation of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him in the investigation, defense, settlement or appeal of a Proceeding, but is not entitled to indemnification or advancement of the total amount thereof, the Company Corporation shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Leslies Poolmart)

Partial Indemnification. If the any Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company Corporation of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him such Indemnitee in the investigation, defense, settlement or appeal of a Proceeding, but is not entitled to indemnification or advancement of the total amount thereof, the Company Corporation shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the such Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Sport Chalet Inc)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited tothe Expenses, judgments, fines, penalties, Fines, liabilities or losses actually and amounts paid in settlement) reasonably incurred by him the Indemnitee in the investigation, defense, settlement or appeal of connection with a ProceedingProceeding described in Section 2, but is not entitled to indemnification or advancement not, however, for all of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or Expenses, judgments, penalties, Fines, liabilities and losses actually and reasonably incurred by him to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Agreement (Corporate Executive Board Co)

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Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company Corporation of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him the Indemnitee in the investigation, defense, settlement or appeal of a Proceeding, but is not entitled to indemnification or advancement of the total amount thereof, the Company Corporation shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.. ​

Appears in 1 contract

Samples: Indemnification Agreement (Sierra Bancorp)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited tothe Expenses, judgments, fines, penalties, Fines, liabilities or losses actually and amounts paid in settlement) reasonably incurred by him such Indemnitee in the investigation, defense, settlement connection with a Proceeding described in Section 2 or appeal of a Proceeding3, but is not entitled to indemnification or advancement not, however, for all of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or Expenses, judgments, penalties, Fines, liabilities and losses actually and reasonably incurred by him to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Agreement (Corporate Executive Board Co)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of some or for a portion of any Expenses or liabilities of any type whatsoever (including, but not limited tothe Expenses, judgments, fines, penalties, interest or penalties which are actually and amounts paid in settlement) reasonably incurred by him the Indemnitee in the investigation, defense, appeal or settlement or appeal of a any Proceeding, but is not entitled to indemnification or advancement of not, however, for the total amount thereofof the Indemnitee’s Expenses, judgments, fines, interest or penalties, then the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses Expenses, judgments, fines, interest or liabilities penalties to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (InnoLight Technology Corp)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses or liabilities of any type whatsoever (includingthe Expenses, but not limited to, judgments, fines, penalties, judgments and amounts paid in settlement) Liabilities actually and reasonably incurred by him the Indemnitee in connection with the investigation, defense, appeal or settlement or appeal of a Proceedingsuch Claim described in Sections 5 and 6 hereof, but is not entitled to indemnification or advancement of for the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities Expenses, judgments and Liabilities actually and reasonably incurred by the Indemnitee to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Baker Hughes a GE Co)

Partial Indemnification. If the Indemnitee is entitled under any provision ----------------------- of this Agreement to indemnification or advancement by the Company Corporation of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him in the investigation, defense, settlement or appeal of a Proceeding, but is not entitled to indemnification or advancement of the total amount thereof, the Company Corporation shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Nexell Therapeutics Inc)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of some or for a portion of any Expenses or liabilities of any type whatsoever (including, but not limited tothe Expenses, judgments, fines, interest or penalties, which are actually and amounts paid in settlement) reasonably incurred by him the Indemnitee in the investigation, defense, appeal or settlement or appeal of a any Proceeding, but is not entitled to indemnification or advancement of not, however, for the total amount thereofof the Indemnitee’s Expenses, judgments, fines, interest or penalties, then the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses Expenses, judgments, fines, interest or liabilities penalties to which the Indemnitee is entitled. 3 Insert for incoming directors only.

Appears in 1 contract

Samples: Indemnification Agreement (Model Performance Mini Corp.)

Partial Indemnification. If the Indemnitee is entitled under any provision of ----------------------- this Agreement to indemnification or advancement by the Company Corporation of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, including without limitation judgments, fines, penalties, and amounts paid in settlement) incurred by him in the investigation, defense, settlement or appeal of a Proceeding, but is not entitled to indemnification or advancement of the total amount thereof, the Company Corporation shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Icon Holdings Corp)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, ERISA excise taxes or penalties and amounts paid in settlement) incurred by him or her in the investigation, defense, settlement or appeal of a Proceeding, proceeding but is not entitled entitled, however, to indemnification or advancement for all of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities thereof to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Luca Technologies Inc)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses or liabilities of any type whatsoever (includingthe judgments, but not limited to, judgmentspenalties, fines, penalties, and amounts paid settlements or reasonable Expenses actually incurred in settlement) incurred by him in the investigation, defense, settlement or appeal of a connection with any Proceeding, but is not entitled or in connection with any suit brought by Indemnitee to enforce a right to indemnification or advancement of Expenses under this Agreement, but not, however, for all of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such judgments, penalties, fines, settlements, liabilities or Expenses or liabilities to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Integral Systems Inc /Md/)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of for some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited tothe Expenses, judgments, fines, penalties, and and/or amounts paid in settlement) settlement and actually incurred by him Indemnitee in connection with the investigation, defense, appeal or settlement or appeal of a Proceeding, Proceeding but is not entitled to indemnification or advancement of Indemnification for the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities Expenses, judgments, penalties, and/or amounts paid in settlement and actually incurred by Indemnitee to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Columbia Property Trust, Inc.)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of Corporation for some or a portion of any Expenses expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties, and amounts paid in settlement) incurred by him in the investigation, defense, settlement or appeal of a Proceedingproceeding but not entitled, but is not entitled however, to indemnification or advancement for all of the total amount thereof, the Company Corporation shall nevertheless indemnify or pay advancements to the Indemnitee for such total amount except as to the portion of such Expenses or liabilities thereof to which the Indemnitee is not entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Superior Industries International Inc)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company Corporation of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him Indemnitee in the investigation, defense, settlement settle­ment or appeal of a Proceeding, but is not entitled to indemnification indemnifi­cation or advancement of the total amount thereof, the Company Corporation shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Hemacare Corp /Ca/)

Partial Indemnification. If the Indemnitee is entitled under any ----------------------- provision of this Agreement to indemnification or advancement by the Company of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him or her in the investigation, defense, settlement or appeal of a Proceeding, but is not entitled to indemnification or advancement of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Creative Master International Inc)

Partial Indemnification. If the Indemnitee is entitled under any provision of this Agreement to indemnification or advancement by the Company of some or a portion of any Expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, penalties, and amounts paid in settlement) incurred by him the Indemnitee in the investigation, defense, settlement or appeal of a Proceeding, but is not entitled to indemnification or advancement of the total amount thereof, the Company shall nevertheless indemnify or pay advancements to the Indemnitee for the portion of such Expenses or liabilities to which the Indemnitee is entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Tarrant Apparel Group)

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