Common use of By Funds Clause in Contracts

By Funds. Each Scudder Fund shall indemnify and xxxx xhe Transfer Agent, each 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 failurx xx xxmply with the provisions of this Agreement, or (b) the lack of good faith, negligence or willful misconduct of such Scudder Fund, or (x) the breach of any representation or warranty of such Scudder Fund hereunder.

By Funds. Each Scudder Fund shall indemnify and xxxx xhe hold the Transfer Agent, each affiliate 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 failurx xx xxmply failure to comply with the provisions of this Agreementxxxx Xgreement, or (b) the lack of good faith, negligence or willful misconduct of such Scudder Fund, or (xc) the breach of any representation represenxxxxxx or warranty of such Scudder Fund hereunder.