Common use of By Funds Clause in Contracts

By Funds. Each Scudder Fund shall indemnify and hold the Transfer Agent, each axxxxxxxe of the Transfer Agent, Service Provider, and their directors, officers and employees harmless from and against any and all losses, damages, costs, charges, counsel fees, payments, expenses and liabilities arising out of or attributable to: (a) such Scudder Fund's refusal or failure to comply with the provisions of xxxx Xgreement, or (b) the lack of good faith, negligence or willful misconduct of such Scudder Fund, or (c) the breach of any represenxxxxxx or warranty of such Scudder Fund hereunder.

By Funds. Each Scudder Fund shall indemnify and hold the xxxx xhe Transfer Agent, each axxxxxxxe affiliate of the Transfer Agent, Service Provider, and their directors, officers and employees harmless from and against any and all losses, damages, costs, charges, counsel fees, payments, expenses and liabilities arising out of or attributable to: (a) such Scudder Fund's refusal or failure to comply failurx xx xxmply with the provisions of xxxx Xgreementthis Agreement, or (b) the lack of good faith, negligence or willful misconduct of such Scudder Fund, or (cx) the breach of any represenxxxxxx representation or warranty of such Scudder Fund hereunder.