No Duplication of Payments Contract Clauses (550)

Grouped Into 19 Collections of Similar Clauses From Business Contracts

This page contains No Duplication of Payments clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Certificate of Incorporation, Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.
Found in Interpace Diagnostics Group, Inc. contract
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No Duplication of Payments. The Subject to Section 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Certificate of Incorporation, Bylaws Company's LLC Agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Found in New Fortress Energy LLC contract
No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Certificate of Incorporation, Charter, the Bylaws or otherwise) of the amounts otherwise indemnifiable Indemnifiable hereunder.
Found in Mack-Cali Realty Corporation contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaws bylaws or otherwise) of the amounts otherwise indemnifiable hereunder. payable hereunder, except as provided in Section 18 below.
Found in Extreme Networks, Inc. contract
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No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Found in Alector, Inc. contract
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No Duplication of Payments. The Subject to the provisions of Section 15 above, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Found in Clovis Oncology, Inc. contract
No Duplication of Payments. The Except as provided for in Section 18, the Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise.
Found in Zoom Video Communications, Inc. contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent that Indemnitee has otherwise actually received payment for such amounts under any insurance policy, contract, agreement or otherwise. otherwise, subject to any subrogation right set forth in Section 15.
Found in Lyft, Inc. contract
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No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f)) in respect of such Indemnifiable ...Losses otherwise indemnifiable hereunder. View More
Found in Meridian Bioscience, Inc. contract
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No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received and is entitled to retain payment (net of any Expenses incurred in connection therewith) therewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in claus...e (i) of the definition of "Indemnifiable Claim" in Section 1(f)) 1(g)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder. View More
Found in Cibus Global, Ltd. contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment (net of any Expenses incurred in connection therewith) therewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of... "Indemnifiable Claim" in Section 1(f)) 1(h)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder. View More
Found in GWG Holdings, Inc. contract
No Duplication of Payments. The Except as provided in Section 10, the Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1...(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder. otherwise. View More
Found in RADIAN GROUP INC contract
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No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f)) in respect of such Indemn...ifiable Losses otherwise indemnifiable hereunder. 9 15. Defense of Claims. Subject to the provisions of applicable policies of directors' and officers' liability insurance, if any, the Company shall be entitled to participate in the defense of any Indemnifiable Claim or to assume or lead the defense thereof with counsel reasonably satisfactory to the Indemnitee; provided that if Indemnitee determines, after consultation with counsel selected by Indemnitee, that (a) the use of counsel chosen by the Company to represent Indemnitee would present such counsel with an actual or potential conflict, (b) the named parties in any such Indemnifiable Claim (including any impleaded parties) include both the Company and Indemnitee and Indemnitee shall conclude that there may be one or more legal defenses available to him or her that are different from or in addition to those available to the Company, (c) any such representation by such counsel would be precluded under the applicable standards of professional conduct then prevailing, or (d) Indemnitee has interests in the claim or underlying subject matter that are different from or in addition to those of other Persons against whom the Claim has been made or might reasonably be expected to be made, then Indemnitee shall be entitled to retain separate counsel (but not more than one law firm plus, if applicable, local counsel in respect of any particular Indemnifiable Claim for all indemnitees in Indemnitee's circumstances) at the Company's expense. The Company shall not be liable to Indemnitee under this Agreement for any amounts paid in settlement of any threatened or pending Indemnifiable Claim effected without the Company's prior written consent. The Company shall not, without the prior written consent of the Indemnitee, effect any settlement of any threatened or pending Indemnifiable Claim which the Indemnitee is or could have been a party unless such settlement solely involves the payment of money and includes a complete and unconditional release of the Indemnitee from all liability on any claims that are the subject matter of such Indemnifiable Claim. Neither the Company nor Indemnitee shall unreasonably withhold its consent to any proposed settlement; provided that Indemnitee may withhold consent to any settlement that does not provide a complete and unconditional release of Indemnitee. View More
Found in DAKOTA PLAINS HOLDINGS, INC. contract
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No Duplication of Payments. The Subject to Section 13 hereof, the Company shall not be liable under this Agreement to make any payment to in connection with any Claim made against Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under (under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) pr...ovision of the definition Company's Certificate of "Indemnifiable Claim" in Section 1(f)) in respect Incorporation or the Bylaws or otherwise) of such Indemnifiable Losses the amounts otherwise indemnifiable hereunder. 9 6 15. Defense of Claims. Subject to the provisions of applicable policies of directors' and officers' liability insurance, if any, the The Company shall be entitled to participate in the defense of any Claim relating to an Indemnifiable Claim Event or to assume or lead the defense thereof thereof, with counsel reasonably satisfactory to the Indemnitee; provided that if Indemnitee determines, believes, after consultation with counsel selected by Indemnitee, that (a) (i) the use of counsel chosen by the Company to represent Indemnitee would present such counsel with an actual or potential conflict, (b) conflict of interest, (ii) the named parties in any such Indemnifiable Claim (including any impleaded parties) include both the Company Company, or any subsidiary of the Company, and Indemnitee and Indemnitee shall conclude concludes that there may be one or more legal defenses available to him or her that are different from or in addition to those available to the Company or any subsidiary of the Company, (c) or (iii) any such representation by such counsel would be precluded under the applicable standards of professional conduct then prevailing, or (d) Indemnitee has interests in the claim or underlying subject matter that are different from or in addition to those of other Persons against whom the Claim has been made or might reasonably be expected to be made, then Indemnitee shall be entitled to retain separate counsel (but not more than one law firm plus, if applicable, local counsel in respect of any particular Indemnifiable Claim for all indemnitees in Indemnitee's circumstances) Claim) at the Company's expense. The Company shall not be liable to Indemnitee under this Agreement for any amounts paid in settlement of any threatened or pending Claim relating to an Indemnifiable Claim Event effected without the Company's prior written consent. The Company shall not, without the prior written consent of the Indemnitee, effect any settlement of any threatened or pending Claim relating to an Indemnifiable Claim Event which the Indemnitee is or could have been a party unless such settlement solely involves the payment of money and includes a complete and unconditional release of the Indemnitee from all liability on any all claims that are the subject matter of such Indemnifiable Claim. Neither the Company nor Indemnitee shall unreasonably withhold withhold, condition or delay its or his or her consent to any proposed settlement; provided that Indemnitee may withhold consent to any settlement that does not provide a complete and unconditional release of Indemnitee. In no event shall Indemnitee be required to waive, prejudice or limit attorney-client privilege or work-product protection or other applicable privilege or protection. View More
Found in Virgin Trains USA LLC contract
No Duplication of Payments. The Subject to Section 13 hereof, the Company shall not be liable under this Agreement to make any payment to in connection with any Claim made against Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under (under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) pr...ovision of the definition Company's LLC Agreement or otherwise) of "Indemnifiable Claim" in Section 1(f)) in respect of such Indemnifiable Losses the amounts otherwise indemnifiable hereunder. 9 8 15. Defense of Claims. Subject to the provisions of applicable policies of directors' and officers' liability insurance, if any, the The Company shall be entitled to participate in the defense of any Claim relating to an Indemnifiable Claim Event or to assume or lead the defense thereof thereof, with counsel reasonably satisfactory to the Indemnitee; provided that if Indemnitee determines, believes, after consultation with counsel selected by Indemnitee, that (a) (i) the use of counsel chosen by the Company to represent Indemnitee would present such counsel with an actual or potential conflict, (b) conflict of interest, (ii) the named parties in any such Indemnifiable Claim (including any impleaded parties) include both the Company Company, or any subsidiary of the Company, and Indemnitee and Indemnitee shall conclude concludes that there may be one or more legal defenses available to him or her that are different from or in addition to those available to the Company or any subsidiary of the Company, (c) or (iii) any such representation by such counsel would be precluded under the applicable standards of professional conduct then prevailing, or (d) Indemnitee has interests in the claim or underlying subject matter that are different from or in addition to those of other Persons against whom the Claim has been made or might reasonably be expected to be made, then Indemnitee shall be entitled to retain separate counsel (but not more than one law firm plus, if applicable, local counsel in respect of any particular Indemnifiable Claim for all indemnitees in Indemnitee's circumstances) Claim) at the Company's expense. The Company shall not be liable to Indemnitee under this Agreement for any amounts paid in settlement of any threatened or pending Claim relating to an Indemnifiable Claim Event effected without the Company's prior written consent. The Company shall not, without the prior written consent of the Indemnitee, effect any settlement of any threatened or pending Claim relating to an Indemnifiable Claim Event which the Indemnitee is or could have been a party unless such settlement solely involves the payment of money and includes a complete and unconditional release of the Indemnitee from all liability on any all claims that are the subject matter of such Indemnifiable Claim. Neither the Company nor Indemnitee shall unreasonably withhold withhold, condition or delay its or his or her consent to any proposed settlement; provided that Indemnitee may withhold consent to any settlement that does not provide a complete and unconditional release of Indemnitee. In no event shall Indemnitee be required to waive, prejudice or limit attorney-client privilege or work-product protection or other applicable privilege or protection. View More
Found in New Fortress Energy LLC contract
No Duplication of Payments. [Except as provided in Section 11(b),] The Company shall not be liable under this Agreement to make any payment to the Indemnitee in respect of any Indemnifiable Losses to the extent the Indemnitee has otherwise already actually received and is entitled to retain payment (net of any Expenses incurred in connection therewith) therewith and any repayment by the Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (i...ncluding from any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f)) 1(g)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder. 9 10 15. Defense of Claims. Subject to the provisions of applicable policies of directors' and officers' liability insurance, if any, the The Company shall be entitled to participate in the defense of any Indemnifiable Claim or to assume or lead the defense thereof thereof, with counsel reasonably satisfactory to Indemnitee. The Company's participation in the Indemnitee; defense of any Indemnifiable Claim of which the Company has not assumed the defense will not in any manner affect the rights of Indemnitee under this Agreement, including Indemnitee's right to control the defense of such Indemnifiable Claims. With respect to the period (if any) commencing at the time at which the Company notifies Indemnitee that the Company has assumed the defense of any Indemnifiable Claim and continuing for so long as the Company shall be using its reasonable efforts to provide an effective defense of such Indemnifiable Claim, the Company shall have the right to control the defense of such Indemnifiable Claim and shall have no obligation under this Agreement in respect of any attorneys' or experts' fees or expenses or any other costs or expenses paid or incurred by Indemnitee in connection with defending such Indemnifiable Claim (other than such costs and expenses paid or incurred by Indemnitee in connection with any cooperation in the Company's defense of such Indemnifiable Claim or other action undertaken by Indemnitee at the request of the Company or with the consent of the Company (which consent shall not be unreasonably withheld, conditioned or delayed)); provided that if the Indemnitee determines, believes, after consultation with counsel selected by Indemnitee, that (a) the use of counsel chosen by the Company to represent the Indemnitee would present such counsel with an actual or potential conflict, (b) the named parties in any such Indemnifiable Claim (including any impleaded parties) include both the Company and the Indemnitee and the Indemnitee shall conclude that there may be one or more legal defenses available to him or her that are different from or in addition to those available to the Company, or (c) any such representation by such counsel would be precluded under the applicable standards of professional conduct then prevailing, or (d) Indemnitee has interests in then the claim or underlying subject matter that are different from or in addition to those of other Persons against whom the Claim has been made or might reasonably be expected to be made, then Indemnitee shall be entitled to retain and use the services of separate counsel (but not more than one law firm plus, if applicable, local counsel in respect of any particular Indemnifiable Claim for all indemnitees in Indemnitee's circumstances) Claim) at the Company's expense. Nothing in this Agreement shall limit the Indemnitee's right to retain or use his or her own counsel at his or her own expense in connection with any Indemnifiable Claim; provided that in all events the Indemnitee shall not unreasonably interfere with the conduct of the defense by the Company of any Indemnifiable Claim that the Company shall have assumed and of which the Company shall be using its reasonable best efforts to provide an effective defense. The Company shall not be liable to the Indemnitee under this Agreement for any amounts paid in settlement of any threatened or pending Indemnifiable Claim effected without the Company's prior written consent. The Company shall not, without the prior written consent of the Indemnitee, effect any settlement of any threatened or pending Indemnifiable Claim to which the Indemnitee is is, or could have been been, a party unless such settlement solely involves the payment of money and includes a complete and unconditional release of the Indemnitee from all liability on any claims that are the subject matter of such Indemnifiable Claim. Neither the Company nor the Indemnitee shall unreasonably withhold withhold, condition or delay its consent to any proposed settlement; provided that the Indemnitee may withhold consent to any settlement that does not provide a complete and unconditional release of Indemnitee. View More
Found in Diamond S Shipping Inc. contract
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No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.
Found in BRUKER CORP contract
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No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise (including from another Enterprise) indemnifiable by the Company hereunder.
Found in Real Good Food Company, Inc. contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses or to advance any Expenses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable or to be advanced by the Company hereunder.
Found in Arhaus, Inc. contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, any Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.
Found in EVO Transportation & Energy Services, Inc. contract
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No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (whether under any statute, insurance policy, any provision of the Bylaws, any provision of the Certificate of Incorporation, vote, or otherwise) of the amounts otherwise indemnifiable hereunder. The Company's obligation of indemnification or Expense Advance hereunder to the Indemnitee who is or was serving at the request ...of the Company as a director, officer, trustee, partner, managing member, fiduciary, board of directors' committee member, employee or agent of any other Person shall be reduced by any amount the Indemnitee has actually received as indemnification or advancement of Expenses from such Person. View More
Found in FINANCIAL INSTITUTIONS INC contract
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No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (whether under any statute, insurance policy, any provision of the Bylaws, By-laws, any provision of the Certificate Articles, vote of Incorporation, vote, shareholders or directors (or a committee of directors), determination of Independent Counsel, other agreement or otherwise) of the specific amounts otherwise indemnifi...able hereunder. The Company's obligation of indemnification or Expense Advance hereunder to the Indemnitee who is or was serving at the request of the Company as a director, officer, trustee, partner, managing member, fiduciary, board Board of directors' Directors' committee member, employee employee, agent or agent other representative of any other Person shall be reduced by any amount the Indemnitee has actually received as indemnification or advancement of Expenses from such Person. View More
Found in Raymond James Financial Inc. contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding Claim to the extent the Indemnitee has otherwise actually received payment (whether under (under any statute, insurance policy, any provision of the Bylaws, any provision of the Certificate of Incorporation, Constituent Documents, vote, or otherwise) of the amounts otherwise indemnifiable hereunder. The Company's obligation of indemnification or Expense Advance Advances hereunder to the Ind...emnitee who is or was serving at the request of the Company as a director, officer, trustee, partner, managing member, fiduciary, board of directors' committee member, employee or agent of any other Person shall be reduced by any amount the Indemnitee has actually received as indemnification or advancement of Expenses Expense Advance from such Person. View More
Found in LONGEVERON LLC contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Proceeding Claim to the extent the Indemnitee has otherwise actually received payment (whether under (under any statute, insurance policy, any provision of the Bylaws, any provision of the Certificate of Incorporation, vote, or otherwise) of the amounts otherwise indemnifiable hereunder. The Company's obligation of indemnification or Expense Advance hereunder to the Indemnitee who is or was serving at... the request of the Company as a director, officer, trustee, partner, managing member, fiduciary, board of directors' committee member, employee or agent of any other Person shall be reduced by any amount the Indemnitee has actually received as indemnification or advancement of Expenses from such Person. View More
Found in ABM Industries Incorporated contract
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No Duplication of Payments. Except as otherwise set forth in Section 15 above, the Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Found in PURE BIOSCIENCE, INC. contract
No Duplication of Payments. Except as otherwise set forth in Section 15 3(e) above, the Company shall not be liable under this Agreement to make any payment in connection with any claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.
Found in resTORbio, Inc. contract
No Duplication of Payments. Except as otherwise set forth in Section 15 above, 14, the Company shall not be liable under this Agreement to make any payment in connection with any claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Bylaw, provision of the Bylaws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder. under this Agreement.
Found in NTN BUZZTIME INC contract
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No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, bylaw or otherwise) of the amounts otherwise indemnifiable hereunder. 5 15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors (including any direct or indirect successor by pur...chase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Company), assigns, spouses, heirs, executors and personal and legal representatives. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director, officer, employee, agent or fiduciary of the Company or of any other enterprise at the Company's request. View More
Found in Piper Jaffray Companies contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any an insurance policy, bylaw provision of the Company's Certificate of Incorporation or Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder. 5 15. 9 17. Binding Effect. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto a...nd their respective successors successors, assigns (including any direct or indirect successor by purchase, merger, consolidation consolidation, or otherwise to all or substantially all of the business or assets of the Company), assigns, spouses, heirs, executors and personal and legal representatives. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director, officer, employee, agent an officer or fiduciary director of the Company or of any other another entity or enterprise at the Company's request. View More
Found in ManTech International Corporation contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, bylaw bylaw, limited liability company agreement or other similar organizational document of the Company or a Covered Entity, or otherwise) of the amounts otherwise indemnifiable hereunder. Indemnification Agreement – Enservco CorporationPage 5 15. 13. Binding Effect. This Agreem...ent shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Company), assigns, spouses, heirs, executors and personal and legal representatives. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director, manager, member, officer, employee, agent managing member or fiduciary in a similar capacity of the Company or of any other enterprise at the Company's request. a Covered Entity. View More
Found in Enservco Corp contract
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No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Found in MADRIGAL PHARMACEUTICALS, INC. contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw Bylaws (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Found in Marker Therapeutics, Inc. contract
No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw Articles, the Bylaws (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.
Found in Wall Street Media Co, Inc. contract
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No Duplication of Payments. Except as otherwise set forth in Section 10 below, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy procured by the Company, the Company's Certificate of Incorporation, the Company's Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder. 5 5. Partial Indemnification. If Indemnitee is entitled under any provision o...f this Agreement to indemnification by the Company for some or a portion of Expenses incurred in connection with any Claim, but not, however, for all of the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such Expenses to which Indemnitee is entitled. View More
Found in LANTRONIX INC contract
No Duplication of Payments. Except as otherwise set forth in Section 10 below, the The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy procured by the Company, policy, provision of the Company's Certificate of Incorporation, the Company's Bylaw (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder. 5 5. Initial TEC MM ...6. Partial Indemnification. If Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a portion of Expenses incurred in connection with any Claim, but not, however, for all of the entire total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such Expenses to which Indemnitee is entitled. View More
Found in Ampio Pharmaceuticals, Inc. contract
No Duplication of Payments. Except as otherwise set forth in Section 10 below, the The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy procured by policy, the Company, Certificate, the Company's Certificate of Incorporation, the Company's Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder. 5 5. IBG Indemnification Agreement 6 7. P...artial Indemnification. If any Indemnitee is entitled under any provision of this Agreement to indemnification by the Company for some or a any portion of Expenses incurred in connection with any Claim, but not, however, for all of the total amount thereof, the Company shall nevertheless indemnify Indemnitee for the portion of such Expenses to which Indemnitee is entitled. View More
Found in Independent Bank Group, Inc. contract
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