Common use of Right of Claimant to Bring Suit Clause in Contracts

Right of Claimant to Bring Suit. If a claim under paragraph (a) of this ARTICLE TWELVE is not paid in full by the Company within thirty days after a written claim has been received by the Company, the claimant may at any time thereafter bring suit against the Company to recover the unpaid amount of the claim and, if successful in whole or in part, the claimant shall be entitled to be paid also the expense of prosecuting such claim. It shall be a defense to any such action (other than an action brought to enforce a claim for expenses incurred in defending any proceeding in advance of its final disposition where the required undertaking, if any is required, has been tendered to the Company) that the claimant has not met the standards of conduct which make it permissible under the Missouri General and Business Corporation Law for the Company to indemnify the claimant for the amount claimed, but the burden of proving such defense shall be on the Company. Neither the failure of the Company (including its Board of Directors, independent legal counsel, or its shareholders) to have made a determination prior to the commencement of such action that indemnification of the claimant is proper in the circumstances because he or she has met the applicable standard of conduct set forth in the Missouri General and Business Corporation Law, nor an actual determination by the Company (including its Board of Directors, independent, legal counsel, or its shareholders) that the claimant has not met such applicable standard or conduct, shall be a defense to the action or create a presumption that the claimant has not met the applicable standard of conduct.

Right of Claimant to Bring Suit. If a claim under paragraph Paragraph (a) of this ARTICLE TWELVE Article SEVENTH is not paid in full by the Company Corporation within thirty (30) days after a written claim has been received by the CompanyCorporation, the claimant may at any time thereafter bring suit against the Company Corporation to recover the unpaid amount of the claim claim, and, if successful in whole or in part, the claimant shall be entitled to be paid also the expense of prosecuting such claim. It shall be a defense to any such action (other than an action brought to enforce a claim for expenses incurred in defending any proceeding in advance of its final disposition where the required undertaking, if any is required, has been tendered to the CompanyCorporation) that the claimant has not met the standards of conduct which make it permissible under the Missouri Delaware General and Business Corporation Law for the Company Corporation to indemnify the claimant for the amount claimed, but the burden of proving such defense shall be on the CompanyCorporation. Neither the failure of the Company Corporation (including its Board of Directors, independent legal counsel, counsel or its shareholdersstockholders) to have made a determination prior to the commencement of such action that indemnification of the claimant is proper in the circumstances because he or she has met the applicable standard of conduct set forth in the Missouri Delaware General and Business Corporation Law, nor an actual determination by the Company Corporation (including its Board of Directors, independent, independent legal counsel, counsel or its shareholdersstockholders) that the claimant has not met such applicable standard or of conduct, shall be a defense to the action or create a presumption that the claimant has not met the applicable standard of or conduct.

Right of Claimant to Bring Suit. If a claim under paragraph (a) Section 7.01 of this ARTICLE TWELVE Article VII is not paid in full by the Company Corporation within thirty ninety (90) days after a written claim has been received by the CompanyCorporation, the claimant may at any time thereafter bring suit against the Company Corporation to recover the unpaid amount of the claim and, if successful in whole or in part, the claimant shall be entitled to be paid also the expense of prosecuting such claim. It shall be a defense to any such action (other than an action brought to enforce a claim for expenses incurred in defending any proceeding in advance of its final disposition where the required undertaking, if any is requiredany, has been tendered to the CompanyCorporation) that the claimant has not met the standards of conduct which make it permissible under the Missouri MGCL [Maryland General and Business Corporation Law Law] for the Company Corporation to indemnify the claimant for the amount claimed, but the burden of proving such defense shall be on the CompanyCorporation. Neither the failure of the Company Corporation (including its Board of Directors, independent legal counsel, counsel or its shareholdersStockholders) to have made a determination prior to the commencement of such action that indemnification of the claimant is proper in the circumstances because he or she has met the applicable standard of conduct set forth in the Missouri General and Business Corporation LawMGCL, nor an actual determination by the Company Corporation (including its Board of Directors, independent, independent legal counsel, counsel or its shareholdersStockholders) that the claimant has not met such applicable standard or of conduct, shall be a defense to the action or create a presumption that the claimant has not met the applicable standard of conduct.”

Right of Claimant to Bring Suit. If a claim under paragraph (a) Section 10.1 of this ARTICLE TWELVE Article X is not paid in full by the Company Corporation within thirty 30 days after a written claim pursuant to Section 10.3 of this Article X has been received by the CompanyCorporation, the claimant may at any time thereafter bring suit against the Company Corporation to recover the unpaid amount of the claim and, if successful in whole or in part, the claimant shall be entitled to be paid also the expense of prosecuting such claim. It shall be a defense to any such action (other than an action brought to enforce a claim for expenses incurred in defending any proceeding in advance of its final disposition where the required undertaking, if any is required, has been tendered to the CompanyCorporation) that the claimant has not met the standards standard of conduct which make makes it permissible under the Missouri Delaware General and Business Corporation Law for the Company Corporation to indemnify the claimant for the amount claimed, but the burden of proving such defense shall be on the CompanyCorporation. Neither the failure of the Company Corporation (including its Board board of Directorsdirectors, independent legal counsel, Independent Counsel or its shareholdersstockholders) to have made a determination prior to the commencement of such action that indemnification of the claimant is proper in the circumstances because he or she has met the applicable standard of conduct set forth in the Missouri Delaware General and Business Corporation Law, nor an actual determination by the Company Corporation (including its Board board of Directorsdirectors, independent, legal counsel, Independent Counsel or its shareholdersstockholders) that the claimant has not met such applicable standard or of conduct, shall be a defense to the action or create a presumption that the claimant has not met the applicable standard of conduct.