Adviser and Sub. Adviser each agree to indemnify the other against loss or liability to such other party (including reasonable attorneys' fees) arising out of any third party claim based on any action taken or not taken in the performance of its obligations under this Agreement on the part of the indemnified party unless the indemnified party's action or inaction involves willful misfeasance, bad faith, gross negligence, or reckless disregard of its obligations and duties under this Agreement.
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Samples: Agreement (Highmark Funds /Ma/), Sub Advisory Agreement (Highmark Funds /Ma/), Sub Advisory Agreement (Highmark Funds /Ma/)
Adviser and Sub. Adviser each agree to indemnify the other against any claim against, loss or liability to such other party (including reasonable attorneys' fees) arising out of any third party claim based on any action taken or not taken in the performance of its obligations under this Agreement on the part of the indemnified indemnifying party unless the indemnified party's action or inaction involves which constitutes willful misfeasance, bad faith, faith or gross negligence, or reckless disregard of its obligations and duties under this Agreement.
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Adviser and Sub. Adviser each agree to indemnify the other against any claim against, loss or liability to to, such other party (including reasonable attorneys' fees) arising out of any third party claim based on any action taken or not taken in the performance of its obligations under this Agreement on the part of the indemnified indemnifying party unless the indemnified party's action or inaction involves which constitutes willful misfeasance, bad faith, faith or gross negligence, or reckless disregard of its obligations and duties under this Agreement.
Appears in 1 contract
Samples: Highmark Funds /Ma/
Adviser and Sub. Adviser each agree to indemnify the other against any claim against, loss or liability to to, such other party (including reasonable attorneys' fees) arising out of any third party claim based on any action taken or not taken in the performance of its obligations under this Agreement on the part of the indemnified indemnifying party unless the indemnified party's action or inaction involves which constitutes willful misfeasance, bad faith, faith or gross negligence, or reckless disregard of its obligations and duties under this Agreement.
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