Common use of Remedies of the Indemnitee Clause in Contracts

Remedies of the Indemnitee. (a) If (i) a determination is made pursuant to Section 5 that the Indemnitee is not entitled to indemnification under this Agreement, (ii) advancement of Expenses is not timely made pursuant to Section 4, (iii) no determination of entitlement to indemnification is made pursuant to Section 5(b) within ninety (90) days after receipt by the Company of the request for indemnification, or (iv) payment of indemnification is not made within ten (10) days after a determination has been made that the Indemnitee is entitled to indemnification or such determination is deemed to have been made pursuant to Section 5, the Indemnitee shall be entitled to an adjudication in an appropriate court of the State of Delaware, or in any other court of competent jurisdiction, of his entitlement to such indemnification. The Indemnitee shall commence such proceeding seeking an adjudication within one hundred eighty (180) days following the date on which the Indemnitee first has the right to commence such proceeding pursuant to this Section 6(a). The Company shall not oppose the Indemnitee’s right to seek any such adjudication.

Remedies of the Indemnitee. (a) If In the event that (i) a determination is made pursuant to Section 5 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 45 of this Agreement, (iii) no determination of entitlement to indemnification is shall have been made pursuant to Section 5(b6(b) of this Agreement within ninety (90) 90 days after receipt by the Company of the request for indemnification, or (iv) payment of indemnification is not made pursuant to this Agreement within ten 30 days after receipt by the Company of a written request therefor, or (10v) payment of indemnification is not made within 30 days after a determination has been made that the Indemnitee is entitled to indemnification or such determination is deemed to have been made pursuant to Section 56 of this Agreement, the Indemnitee shall be entitled to an adjudication in an appropriate court of the State of Delaware, or in any other court of competent jurisdiction, of his entitlement to such indemnification. The Indemnitee shall commence such proceeding seeking an adjudication within one hundred eighty (180) days year following the date on which the Indemnitee first has the right to commence such proceeding pursuant to this Section 6(a8(a). The Company shall not oppose the Indemnitee’s right to seek any such adjudication.

Remedies of the Indemnitee. (a) If In the event that (i) a determination is made pursuant to Section 5 6 above that the Indemnitee is not entitled to indemnification under this Agreement, (ii) advancement of Expenses is not timely made pursuant to Section 45 above, (iii) no determination of entitlement to indemnification is shall have been made pursuant to Section 5(b6(b) above within ninety (90) days after receipt by the Company of the request for indemnification, (iv) payment of indemnification is not made pursuant to this Agreement within ten (10) days after receipt by the Company of a written request therefor or (ivv) payment of indemnification is not made within ten (10) days after a determination has been made that the Indemnitee is entitled to indemnification or such determination is deemed to have been made pursuant to Section 56 above, the Indemnitee shall be entitled to an adjudication in an appropriate court the Court of Chancery of the State of Delaware, or in any other court of competent jurisdiction, of his her entitlement to such indemnification. The Indemnitee shall commence such proceeding seeking an adjudication within one hundred eighty (180) days following the date on which the Indemnitee first has the right to commence such proceeding pursuant to this Section 6(a7(a). The Company shall not oppose the Indemnitee’s 's right to seek any such adjudication.

Remedies of the Indemnitee. (a) If In the event that (i) a determination is made pursuant to Section 5 6 above that the Indemnitee is not entitled to indemnification under this Agreement, (ii) advancement of Expenses is not timely made pursuant to Section 45 above, (iii) no determination of entitlement to indemnification is shall have been made pursuant to Section 5(b6(b) above within ninety (90) days after receipt by the Company of the request for indemnification, (iv) payment of indemnification is not made pursuant to this Agreement within ten (10) days after receipt by the Company of a written request therefor or (ivv) payment of indemnification is not made within ten (10) days after a determination has been made that the Indemnitee is entitled to indemnification or such determination is deemed to have been made pursuant to Section 56 above, the Indemnitee shall be entitled to an adjudication in an appropriate court of the State of Delaware, or in any other court of competent jurisdiction, of his the Indemnitee’s entitlement to such indemnification. The Indemnitee shall commence such proceeding seeking an adjudication within one hundred eighty (180) days following the date on which the Indemnitee first has the right to commence such proceeding pursuant to this Section 6(a7(a). The Company shall not oppose the Indemnitee’s 's right to seek any such adjudication.

Remedies of the Indemnitee. (a) If In the event that (i) a determination is made pursuant to Section 5 4 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 43 of this Agreement, (iii) no determination of entitlement to indemnification is made pursuant to Section 5(b4.1(b) of this Agreement within ninety (90) days after receipt by the Company of the request for indemnification, (iv) payment of indemnification is not made pursuant to this Agreement within ten (10) days after receipt by the Company of a written request therefor, or (ivv) payment of indemnification is not made within ten (10) days after a determination has been made that the Indemnitee is entitled to indemnification or such determination is deemed to have been made pursuant to Section 54 of this Agreement, the Indemnitee shall be entitled to an adjudication in an appropriate court of the State of DelawareBVI , or in any other court of competent jurisdiction, of his the Indemnitee’s entitlement to such indemnification. The the Indemnitee shall commence such proceeding seeking an adjudication within one hundred eighty (180) days following the date on which the Indemnitee first has the right to commence such proceeding pursuant to this Section 6(a5.1(a). The Company shall not oppose the Indemnitee’s right to seek any such adjudication.

Remedies of the Indemnitee. (a) If In the event that (i) a determination is made pursuant to Section 5 7 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 46 of this Agreement, (iii) no determination of entitlement to indemnification is shall have been made pursuant to Section 5(b7(b) of this Agreement within ninety (90) 90 days after receipt by the Company of the request for indemnification, or (iv) payment of indemnification is not made pursuant to this Agreement within ten thirty (1030) days after receipt by the Company of a written request therefor, or (v) payment of indemnification is not made within thirty (30) days after a determination has been made that the Indemnitee is entitled to indemnification or such determination is deemed to have been made pursuant to Section 57 of this Agreement, the Indemnitee shall be entitled to an adjudication in an appropriate court of the State of Delaware, or in any other court of competent jurisdiction, of his entitlement to such indemnification. The Indemnitee shall commence such proceeding seeking an adjudication within one hundred eighty (180) days year following the date on which the Indemnitee first has the right to commence such proceeding pursuant to this Section 6(a9(a). The Company shall not oppose the Indemnitee’s 's right to seek any such adjudication.

Remedies of the Indemnitee. (a) If In the event that: (i) a determination is made pursuant to Section 5 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 4, 8 of this Agreement; (iii) no the determination of entitlement to indemnification is to be made by Independent Counsel pursuant to Section 5(b9(b) of this Agreement and such determination shall not have been made and delivered in a written opinion within ninety (90) days after receipt by the Company of the request for indemnification, ; (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement within ten (10) days after receipt by the Company of a written request therefor; or (ivv) payment of indemnification is not made within ten (10) days after a determination has been made that the Indemnitee is entitled to indemnification or such determination is deemed to have been made pursuant to Section 5Sections 9 or 10 of this Agreement, the Indemnitee shall be entitled to an adjudication in an appropriate court of the State of DelawareFlorida, or in any other court of competent jurisdiction, of his entitlement to such indemnification. The Indemnitee shall commence such proceeding seeking an adjudication within one hundred eighty (180) days following the date on which the Indemnitee first has the right to commence such proceeding pursuant to this Section 6(a). The Company shall not oppose the Indemnitee’s right to seek any such adjudication.or her

Remedies of the Indemnitee. (a) If In the event that (i) a determination is made pursuant to Section 5 7 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 46 of this Agreement, (iii) no determination of entitlement to indemnification is shall have been made pursuant to Section 5(b7(b) of this Agreement within ninety (90) 90 days after receipt by the Company of the request for indemnification, or (iv) payment of indemnification is not made pursuant to this Agreement within ten thirty (1030) days after receipt by the Company of a written request therefor, or (v) payment of indemnification is not made within thirty (30) days after a determination has been made that the Indemnitee is entitled to indemnification or such determination is deemed to have been made pursuant to Section 57 of this Agreement, the Indemnitee shall be entitled to an adjudication in an appropriate court of the State of Delaware, or in any other court of competent jurisdiction, of his entitlement to such indemnification. The Indemnitee shall commence such proceeding seeking an adjudication within one hundred eighty (180) days year following the date on which the Indemnitee first has the right to commence such proceeding pursuant to this Section 6(a9(a). The Company shall not oppose the Indemnitee’s right to seek any such adjudication.

Remedies of the Indemnitee. (a) If In the event that (i1) a determination is made pursuant to Section 5 6 of this Agreement that the Indemnitee is not entitled to indemnification under this Agreement, (ii2) advancement of Expenses is not timely made pursuant to Section 45 of this Agreement, (iii3) no determination of entitlement to indemnification is made pursuant to Section 5(b) 6 of this Agreement within ninety (90) days after receipt by the Company of the request for indemnificationindemnification (as such deadline may be extended pursuant to Section 6(f) upon a determination to be made by the stockholders of the Company), (4) payment of indemnification is not made pursuant to this Agreement within ten days after receipt by the Company of a written request therefor or (iv5) payment of indemnification is not made within ten (10) days after a determination has been made that the Indemnitee is entitled to indemnification or such determination is deemed to have been made pursuant to Section 56 of this Agreement, the Indemnitee shall be entitled to an adjudication in an appropriate court of the State of Delaware, or in any other court of competent jurisdiction, jurisdiction of his the Indemnitee’s entitlement to such indemnification. The Indemnitee shall commence such proceeding seeking an adjudication within one hundred eighty (180) days following the date on which the Indemnitee first has the right to commence such proceeding pursuant to this Section 6(a). The Company shall not oppose the Indemnitee’s right to seek any such adjudication.

Remedies of the Indemnitee. (a) If In the event that (i) a determination is made pursuant to Section 5 7 that the Indemnitee is not entitled to indemnification under this Agreement, (ii) advancement of Expenses is not timely made pursuant to Section 46, (iii) no determination of entitlement to indemnification is made pursuant to Section 5(b7(b) within ninety (90) 90 days after receipt by the Company of the request for indemnification, or (iv) payment of indemnification is not made pursuant to this Agreement within ten days after receipt by the Company of a written request therefor or (10v) payment of indemnification is not made within ten days after a determination has been made that the Indemnitee is entitled to indemnification or such determination is deemed to have been made pursuant to Section 57, the Indemnitee shall be entitled to an adjudication in an appropriate court of the State of Delaware, or in any other court of competent jurisdiction, of his the Indemnitee’s entitlement to such indemnification. The Indemnitee shall commence such proceeding seeking an adjudication within one hundred eighty (180) 180 days following the date on which the Indemnitee first has the right to commence such proceeding pursuant to this Section 6(a8(a). The Company shall not oppose the Indemnitee’s right to seek any such adjudication.

Remedies of the Indemnitee. (a) If In the event that (i) a determination is made pursuant to Section 5 10 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 48 of this Agreement, (iii) no determination payment of entitlement to indemnification is not made pursuant to Section 5(b) Sections 5 or 6 of this Agreement within ninety (90) 10 calendar days after receipt by the Company of the a written request for indemnificationtherefor, or (iv) payment the determination of entitlement to indemnification is not made within the time periods provided in Section 10 of this Agreement, (v) the Company does not indemnify Indemnitee within ten (10) days after a determination has been made that the Indemnitee is entitled to indemnification indemnification, or such determination is deemed (vi) in the event that the Company or any other person takes or threatens to have been made pursuant take any action to Section 5declare this Agreement void or unenforceable, or institutes any litigation or other action or Proceeding designed to deny, or to recover from, the Indemnitee the benefits provided or intended to be provided to the Indemnitee hereunder, the Indemnitee shall be entitled to an adjudication in an appropriate court Delaware Court of the State Chancery of Delaware, or in any other court of competent jurisdiction, of his Indemnitee’s entitlement to such indemnification. The Indemnitee shall commence such proceeding seeking an adjudication within one hundred eighty (180) days following the date on which the Indemnitee first has the right to commence such proceeding pursuant to this Section 6(a). The Company shall not oppose the Indemnitee’s right to seek any such adjudicationindemnification or advancement of Expenses.

Remedies of the Indemnitee. (a) If In the event that (i) a determination is made pursuant to Section 5 7 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 46 of this Agreement, (iii) no determination of entitlement to indemnification is made pursuant to Section 5(b7(b) of this Agreement within ninety (90) days after receipt by the Company of the request for indemnification, or (iv) payment of indemnification is not made pursuant to this Agreement within ten thirty (1030) days after receipt by the Company of a written request therefor or (v) payment of indemnification is not made within thirty (30) days after a determination has been made that the Indemnitee is entitled to indemnification or such determination is deemed to have been made pursuant to Section 57 of this Agreement, the Indemnitee shall be entitled to an adjudication in an appropriate court of the State of Delaware, or in any other court a tribunal of competent jurisdiction, of his the Indemnitee’s entitlement to such indemnification. The Indemnitee shall commence such proceeding seeking an adjudication within one hundred and eighty (180) days following the date on which the Indemnitee first has the right to commence such proceeding pursuant to this Section 6(a8(a). The Company shall not oppose the Indemnitee’s right to seek any such adjudication.

Remedies of the Indemnitee. (a) If a)In the event that (i) a determination is made pursuant to Section 5 ‎0 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 4‎0 of this Agreement, (iii) no determination of entitlement to indemnification is made pursuant to Section 5(b) ‎0 of this Agreement within ninety (90) days after receipt by the Company Corporation of the request for indemnification, (iv) payment of indemnification is not made pursuant to this Agreement within ten (10) days after receipt by the Corporation of a written request therefor, or (ivv) payment of indemnification is not made within ten (10) days after a determination has been made that the Indemnitee is entitled to indemnification or such determination is deemed to have been made pursuant to Section 5‎0 of this Agreement, the Indemnitee shall be entitled to an adjudication in an appropriate court of the State of Delaware, or in any other a court of competent jurisdiction, of his the Indemnitee’s entitlement to such indemnification. The Indemnitee shall commence such proceeding seeking an adjudication within one hundred eighty (180) days following the date on which the Indemnitee first has the right to commence such proceeding pursuant to this Section 6(a)‎0. The Company Corporation shall not oppose the Indemnitee’s right to seek any such adjudication.