Common use of Remedies of the Indemnitee Clause in Contracts

Remedies of the Indemnitee. (a) In the event that (i) a determination is made pursuant to Section 11 of this Agreement that the Indemnitee is not entitled to indemnification under this Agreement, (ii) advancement of Expenses is not timely made pursuant to Section 9 of this Agreement, (iii) payment of indemnification is not made pursuant to Section 5, 6, 7 or the last sentence of Section 11(a) of this Agreement within ten (10) days after receipt by the Company of a written request therefor, or (iv) payment of indemnification pursuant to Section 3 or 4 of this Agreement is not made within ten (10) days after a determination has been made that the Indemnitee is entitled to indemnification, or (v) the Indemnitee determines in its sole discretion that such action is appropriate or desirable, the Indemnitee shall be entitled to seek an adjudication by a court of competent jurisdiction as to his entitlement to such indemnification or advancement of Expenses. Alternatively, the Indemnitee, at his option, may seek an award in arbitration to be conducted by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The Company shall not oppose the Indemnitee’s right to seek any such adjudication or award in arbitration.

Remedies of the Indemnitee. (a) In the event that (i) a determination is made pursuant to Section 11 9 of this Agreement that the Indemnitee is not entitled to indemnification under this Agreement, (ii) advancement of Expenses is not timely made pursuant to Section 9 8 of this Agreement, (iii) the determination of entitlement to indemnification is to be made by Independent Counsel pursuant to Section 9(b) of this Agreement and such determination shall not have been made and delivered in a written opinion within 90 days after receipt by the Company of the request for indemnification, (iv) payment of indemnification is not made pursuant to Section 5, 6, 7 or the last sentence of Section 11(a) 5 of this Agreement within ten (10) 10 days after receipt by the Company of a written request therefor, or (ivv) payment of indemnification pursuant to Section 3 or 4 of this Agreement is not made within ten (10) 10 days after a determination has been made that the Indemnitee is entitled to indemnification, indemnification or (v) the Indemnitee determines in its sole discretion that such action determination is appropriate deemed to have been made pursuant to Section 9 or desirable10 of this Agreement, the Indemnitee shall be entitled to seek an adjudication by a in an appropriate court of the State of Delaware, or in any other court of competent jurisdiction as to jurisdiction, of his entitlement to such indemnification or advancement of Expenses. Alternatively, The Indemnitee shall commence such proceeding seeking an adjudication within 180 days following the Indemnitee, at his option, may seek an award in arbitration date on which the Indemnitee first has the right to be conducted by a single arbitrator commence such proceeding pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The Company shall not oppose the Indemnitee’s right to seek any such adjudication or award in arbitrationthis Section 11(a).

Remedies of the Indemnitee. (a) In the event that (i) a determination is made pursuant to Section 11 9 of this Agreement that the Indemnitee is not entitled to indemnification under this Agreement, (ii) advancement of Expenses is not timely made pursuant to Section 9 8 of this Agreement, (iii) the determination of entitlement to indemnification is to be made by Independent Counsel pursuant to Section 9(b) of this Agreement and such determination shall not have been made and delivered in a written opinion within 90 days after receipt by the Company of the request for indemnification, (iv) payment of indemnification is not made pursuant to Section 5, 6, 7 or the last sentence of Section 11(a) 5 of this Agreement within ten (10) 10 days after receipt by the Company of a written request therefor, or (ivv) payment of indemnification pursuant to Section 3 or 4 of this Agreement is not made within ten (10) 10 days after a determination has been made that the Indemnitee is entitled to indemnification, indemnification or (v) the Indemnitee determines in its sole discretion that such action determination is appropriate deemed to have been made pursuant to Section 9 or desirable10 of this Agreement, the Indemnitee shall be entitled to seek an adjudication by a in an appropriate court of the State of Delaware, or in any other court of competent jurisdiction as to his jurisdiction, of her entitlement to such indemnification or advancement of Expenses. Alternatively, The Indemnitee shall commence such proceeding seeking an adjudication within 180 days following the Indemnitee, at his option, may seek an award in arbitration date on which the Indemnitee first has the right to be conducted by a single arbitrator commence such proceeding pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The Company shall not oppose the Indemnitee’s right to seek any such adjudication or award in arbitrationthis Section 11(a).

Remedies of the Indemnitee. (a) In the event that (i) a determination is made pursuant to Section 11 9 of this Agreement that the Indemnitee is not entitled to indemnification under this Agreement, (ii) advancement of Expenses is not timely made pursuant to Section 9 8 of this Agreement, (iii) the determination of entitlement to indemnification is to be made by Independent Counsel pursuant to Section 9(b) of this Agreement and such determination shall not have been made and delivered in a written opinion within 90 days after receipt by the Company of the request for indemnification, (iv) payment of indemnification is not made pursuant to Section 5, 6, 7 or the last sentence of Section 11(a) 5 of this Agreement within ten (10) 10 days after receipt by the Company of a written request therefor, or (ivv) payment of indemnification pursuant to Section 3 or 4 of this Agreement is not made within ten (10) 10 days after a determination has been made that the Indemnitee is entitled to indemnification, indemnification or (v) the Indemnitee determines in its sole discretion that such action determination is appropriate deemed to have been made pursuant to Section 9 or desirable10 of this Agreement, the Indemnitee shall be entitled to seek an adjudication by a in an appropriate court of the State of Nevada, or in any other court of competent jurisdiction as to jurisdiction, of his entitlement to such indemnification or advancement of Expenses. Alternatively, The Indemnitee shall commence such proceeding seeking an adjudication within 180 days following the Indemnitee, at his option, may seek an award in arbitration date on which the Indemnitee first has the right to be conducted by a single arbitrator commence such proceeding pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The Company shall not oppose the Indemnitee’s right to seek any such adjudication or award in arbitrationthis Section 11(a).

Remedies of the Indemnitee. (a) In the event that (i) a determination is made pursuant to Section 11 5 of this Agreement that the Indemnitee is not entitled to indemnification under this Agreement, (ii) advancement of Expenses is not timely made pursuant to Section 9 4 of this Agreement, (iii) payment of indemnification is not made pursuant to Section 5, 6, 7 or the last sentence of Section 11(a) of this Agreement within ten thirty (1030) days after receipt by the Company of a written request thereforthe Indemnification Notice, or (iv) payment of indemnification pursuant in the event that the Company or any other person takes or threatens to Section 3 or 4 of take any action to declare this Agreement is not made within ten (10) days after a determination has been made that void or unenforceable, or institutes any litigation or other action or Proceeding designed to deny, or to recover from, the Indemnitee is entitled the benefits provided or intended to indemnification, or (v) be provided to the Indemnitee determines in its sole discretion that such action is appropriate or desirablehereunder, the Indemnitee shall be entitled to seek an adjudication by in a court forum designated in Section 18, of competent jurisdiction as to his the Indemnitee’s entitlement to such indemnification or advancement of Expensesindemnification. Alternatively, The Indemnitee shall commence such proceeding seeking an adjudication within 180 days following the Indemnitee, at his option, may seek an award in arbitration date on which the Indemnitee first has the right to be conducted by a single arbitrator commence such proceeding pursuant to the Commercial Arbitration Rules of the American Arbitration Associationthis Section 6(a). The Company shall not oppose the Indemnitee’s right to seek any such adjudication or award in arbitrationadjudication.

Remedies of the Indemnitee. (a) In the event that (i) a determination is made pursuant to Section 11 6 of this Agreement that the Indemnitee is not entitled to indemnification under this Agreement, (ii) advancement of Expenses is not timely made pursuant to Section 9 5 of this Agreement, (iii) no determination of entitlement to indemnification is made pursuant to Section 6(b) of this Agreement within ninety (90) days after receipt by the Company of the request for indemnification, (iv) if no determination is required to be made by the Company pursuant to Section 1(c) of this Agreement, payment of indemnification is not made pursuant to Section 5, 6, 7 or the last sentence of Section 11(a1(c) of this Agreement within ten thirty (1030) days after receipt by the Company of a written request therefor, therefor or (ivv) payment of indemnification pursuant to Section 3 or 4 of this Agreement is not made within ten thirty (1030) days after a determination has been made that the Indemnitee is entitled to indemnification, indemnification or (v) the Indemnitee determines in its sole discretion that such action determination is appropriate or desirabledeemed to have been made pursuant to Section 6 of this Agreement, the Indemnitee shall be entitled to seek an adjudication by a court in an appropriate court, pursuant to Section 21 of competent jurisdiction as to his this Agreement, of the Indemnitee’s entitlement to such indemnification indemnification, contribution or advancement of Expenses. Alternatively, the Indemnitee, at his option, may seek an award in arbitration to be conducted by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The Company shall not oppose the Indemnitee’s right to seek any such adjudication or award in arbitration.