Common use of By the Trust Clause in Contracts

By the Trust. The Trust, on behalf of the Fund, shall indemnify and hold ACS (including any affiliate of ACS), and the directors, trustees, officers and employees of ACS, harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and liabilities (“Losses”) arising out of or attributable to: (a) the Trust’s, its agent’s, or the Fund’s refusal or failure to comply with the provisions of this Agreement or applicable law; (b) the bad faith, negligence or willful misconduct of the Trust, its agent, or Fund; or (c) the breach of any representation or warranty of the Trust on behalf of itself or the Fund hereunder, in each case except to the extent such Losses arise out of or are attributable to another party’s breach of any provision of this Agreement or the bad faith, negligence or willful misconduct of another party in performing its obligations hereunder.

By the Trust. The Trust, on behalf of the each Fund, shall indemnify and hold ACS VALIC, (including any affiliate of ACSthe foregoing), and the directors, trustees, officers and employees of ACSVALIC, harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and liabilities (“"Losses”") arising out of or attributable to: (a) the Trust’s's, its agent’s, 's or the any Fund’s 's refusal or failure to comply with the provisions of this Agreement or applicable law; (b) the bad faith, negligence or willful misconduct of the Trust, its agent, agent or any Fund; or (c) the breach of any representation or warranty of the Trust on behalf Trust, its agent or of itself or the any Fund hereunder, in each case except to the extent such Losses arise out of or are attributable to another party’s 's breach of any provision of this Agreement or the bad faith, negligence or willful misconduct of another party in performing its obligations hereunder.

By the Trust. The Trust, on behalf of the Fund, shall indemnify and hold ACS SACS (including any affiliate of ACSSACS), and the directors, trustees, officers and employees of ACSSACS, harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and liabilities (“Losses”) arising out of or attributable to: (a) the Trust’s, its agent’s, or the Fund’s refusal or failure to comply with the provisions of this Agreement or applicable law; (b) the bad faith, negligence or willful misconduct of the Trust, its agent, or Fund; or (c) the breach of any representation or warranty of the Trust on behalf of itself or the Fund hereunder, in each case except to the extent such Losses arise out of or are attributable to another party’s breach of any provision of this Agreement or the bad faith, negligence or willful misconduct of another party in performing its obligations hereunder.

By the Trust. The Trust, on behalf of the Fund, shall indemnify and hold ACS AIG SACS (including any affiliate of ACSAIG SACS), and the directors, trustees, officers and employees of ACSAIG SACS, harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and liabilities (“Losses”) arising out of or attributable to: (a) the Trust’s, its agent’s, or the Fund’s refusal or failure to comply with the provisions of this Agreement or applicable law; (b) the bad faith, negligence or willful misconduct of the Trust, its agent, or Fund; or (c) the breach of any representation or warranty of the Trust on behalf of itself or the Fund hereunder, in each case except to the extent such Losses arise out of or are attributable to another party’s breach of any provision of this Agreement or the bad faith, negligence or willful misconduct of another party in performing its obligations hereunder.

By the Trust. The Trust, on behalf of the each Fund, shall indemnify ------------ and hold ACS AGAM (including any affiliate of ACSAGAM), and the directors, trustees, officers and employees of ACS, AGAM harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and liabilities (“"Losses”") arising out of or attributable to: (a) the Trust’s's, its agent’s's, or the Fund’s 's refusal or failure to comply with the provisions of this Agreement or applicable law; (b) the bad faith, negligence or willful misconduct of the Trust, its agent, or any Fund; or (c) the breach of any representation or warranty of the Trust on behalf of itself or the a Fund hereunder, in each case except to the extent such Losses arise out of or are attributable to another party’s 's breach of any provision of this Agreement or the bad faith, negligence or willful misconduct of another party in performing its obligations hereunder.

By the Trust. The Trust, on behalf of the each Fund, shall indemnify and hold ACS SACS (including any affiliate of ACSSACS), and the directors, trustees, officers and employees of ACS, SACS harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and liabilities (“Losses”) arising out of or attributable to: (a) the Trust’s, its agent’s, or the Fund’s refusal or failure to comply with the provisions of this Agreement or applicable law; (b) the bad faith, negligence or willful misconduct of the Trust, its agent, or any Fund; or (c) the breach of any representation or warranty of the Trust on behalf of itself or the a Fund hereunder, in each case except to the extent such Losses arise out of or are attributable to another party’s breach of any provision of this Agreement or the bad faith, negligence or willful misconduct of another party in performing its obligations hereunder.

By the Trust. The Trust, on behalf of the each Fund, shall indemnify and hold ACS SACS (including any affiliate of ACSSACS), and the directors, trustees, officers and employees of ACS, SACS harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and liabilities (“Losses”) arising out of or attributable to: (a) the Trust’s, its agent’s, or the a Fund’s refusal or failure to comply with the provisions of this Agreement or applicable law; (b) the bad faith, negligence or willful misconduct of the Trust, its agent, or any Fund; or (c) the breach of any representation or warranty of the Trust on behalf of itself or the a Fund hereunder, in each case except to the extent such Losses arise out of or are attributable to another party’s breach of any provision of this Agreement or the bad faith, negligence or willful misconduct of another party in performing its obligations hereunder.

By the Trust. The Trust, on behalf of the FundFunds, shall indemnify and hold ACS SACS (including any affiliate of ACSSACS), and the directors, trustees, officers and employees of ACSSACS, harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and liabilities (“Losses”) arising out of or attributable to: (a) the Trust’s, its agent’s, or the a Fund’s refusal or failure to comply with the provisions of this Agreement or applicable law; (b) the bad faith, negligence or willful misconduct of the Trust, its agent, or a Fund; or (c) the breach of any representation or warranty of the Trust on behalf of itself or the a Fund hereunder, in each case except to the extent such Losses arise out of or are attributable to another party’s breach of any provision of this Agreement or the bad faith, negligence or willful misconduct of another party in performing its obligations hereunder.

By the Trust. The Trust, on behalf of the each Fund, shall indemnify and hold ACS SACS (including any affiliate of ACSSACS), and the directors, trustees, officers and employees of ACS, SACS harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and liabilities (“"Losses”") arising out of or attributable to: (a) the Trust’s's, its agent’s's, or the Fund’s 's refusal or failure to comply with the provisions of this Agreement or applicable law; (b) the bad faith, negligence or willful misconduct of the Trust, its agent, or any Fund; or (c) the breach of any representation or warranty of the Trust on behalf of itself or the a Fund hereunder, in each case except to the extent such Losses arise out of or are attributable to another party’s 's breach of any provision of this Agreement or the bad faith, negligence or willful misconduct of another party in performing its obligations hereunder.