Common use of By the Adviser Clause in Contracts

By the Adviser. The Adviser agrees to indemnify and hold the Sub-Adviser, its officers and directors, and any person who controls the Sub-Adviser within the meaning of Section 15 of the Securities Act of 1933, as amended ("1933 Act") harmless from any and all direct or indirect liabilities, losses or damages (including reasonable attorneys' fees) arising out of any claim, demand, action, suit or proceeding arising out of: (i) The Adviser's breach of its duties under this Agreement; or

Appears in 11 contracts

Samples: Investment Sub Advisory Agreement Agreement (Highland Funds Ii), Investment Sub Advisory Agreement Agreement (Highland Funds Ii), Investment Sub Advisory Agreement Agreement (Highland Funds Ii)

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By the Adviser. The Adviser agrees to indemnify and hold the Sub-Adviser, its officers and directors, and any person who controls the Sub-Adviser within the meaning of Section 15 of the Securities Act of 1933, as amended ("1933 Act") harmless from any and all direct or indirect liabilities, losses or damages (including reasonable attorneys' fees) arising out of any claim, demand, action, suit or proceeding arising out of: (i) The Adviser's breach of its duties under this Agreement; or:

Appears in 5 contracts

Samples: Investment Sub Advisory Agreement (Highland Funds Ii), Investment Sub Advisory Agreement (Highland Funds Ii), Investment Sub Advisory Agreement (Highland Funds Ii)

By the Adviser. The Adviser agrees to indemnify and hold the Sub-Adviser, its officers and directors, and any person who controls the Sub-Adviser within the meaning of Section 15 of the Securities Act of 1933, as amended ("the “1933 Act") harmless from any and all direct or indirect liabilities, losses or damages (including reasonable attorneys' fees) arising out of any claim, demand, action, suit or proceeding arising out of: (i) The Adviser's breach of its duties under this Agreement; or:

Appears in 3 contracts

Samples: Investment Sub Advisory Agreement (Brookfield Real Assets Income Fund Inc.), Investment Sub Advisory Agreement (Brookfield Real Assets Income Fund Inc.), Investment Sub Advisory Agreement (Brookfield Real Assets Income Fund Inc.)

By the Adviser. The Adviser agrees to indemnify and hold the Sub-Adviser, its officers and directors, and any person who controls the Sub-Adviser within the meaning of Section 15 of the Securities Act of 1933, as amended ("the “1933 Act") harmless from any and all direct or indirect liabilities, losses or damages (including reasonable attorneys' fees) arising out of any claim, demand, action, suit or proceeding arising out of: (i) The Adviser's breach of its duties under this Agreement; or:

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (Brookfield Investment Funds), Investment Sub Advisory Agreement (Brookfield Investment Funds)

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By the Adviser. The Adviser hereby agrees to indemnify and hold the Sub-Adviser, its officers and directors, and any person who controls the Sub-Adviser within the meaning of Section 15 of the Securities Act of 1933, as amended ("the “1933 Act") harmless from any and all direct or indirect liabilities, losses or damages (including reasonable attorneys' fees) arising out of any claim, demand, action, suit or proceeding arising out of: (i) The Adviser's breach of its duties under this Agreement; or:

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (Brookfield Infrastructure Income Fund Inc.), Investment Sub Advisory Agreement (Brookfield Infrastructure Income Fund Inc.)

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