Common use of By Van Kampen Clause in Contracts

By Van Kampen. In the event axx xxxxx xs brought by any third party againxx XXX xx any of its affiliates that relates to, arises out of or is based upon the performance by Van Kampen of its obligations hereunder, or the failure of Van Kampen, xx xxx xx Van Kampen's affiliates, as the case may be, to xxxxxx xxxh any law, rxxx xx xxxxxation relating to the Trusts, or use of the LCM Property by the Trusts, Van Kampen, or any of Van Kampen's affiliates. LCM or any of its affilxxxxx xxxxl promptly nxxxxx Xxx Xxmpen and Van Kampen shall defend such claim at Van Kampen's expexxx xxx xxder Vxx Xxxxxx's control. Van Kampen shall xxxxxxxxx xxd hold harmless LCM xx xxx xx xts affiliaxxx xxxxxxt any judgment, liability, loss, cost or damage (including litigation costs and reasonable attorneys' fees) arising from or related to such claim whether or not such claim is successful. LCM or any of its affiliates shall have the right, at their expense, to participate in the defense of such claim through counsel of their own choosing; provided, however, that Van Kampen shall not be required to pay any settlement amount that it xxx xxx xxproved in advance. Notwithstanding the above, LCM nor any of its affiliates shall not be entitled to indemnification hereunder to the extent that the judgment, liability, loss, cost or damage arising from a claim for which indemnification is sought hereunder results directly or indirectly from the gross negligence or willful misconduct of LCM or any of its affiliates.

By Van Kampen. In the event axx xxxxx xs exxxx xxx xlaim is brought by any third party againxx XXX xx Xxxxx xr any of its Argus' affiliates that relates to, arises out of or is based upon the performance by Van Kampen of its obligations hereunder, or the failure of Van Kampen, xx xxx xx Van Kampen's affiliates, as the case may be, to xxxxxx xxxh any law, rxxx xx xxxxxation relating to the Trusts, Argus or use of Argus' affiliates, as the LCM Property by the Trustscase may be, shall promptly notify Van Kampen, or any of Van Kampen's affiliates. LCM or any of its affilxxxxx xxxxl promptly nxxxxx Xxx Xxmpen Kampen and Van Kampen shall defend such claim at Van Kampen's expexxx its expense and uxxxx xxx xxder Vxx Xxxxxx's controlxontrox. Van Kampen Xxx Xxxpen shall xxxxxxxxx xxd indemnify and hold harmless LCM xx xxx xx xts affiliaxxx xxxxxxt Argus and Argus' affiliatxx xxxxxxx any judgment, liability, loss, cost or damage (including litigation costs and reasonable attorneys' fees) arising from or related to such claim claim, whether or not such claim is successful. LCM Argus or any of its affiliates Argus' affiliates, as the case may be, shall have the right, at their expense, to participate in the defense of such claim through counsel of their own choosing; provided, however, that Van Kampen shall not be required to pay any settlement amount that it xxx xxx xxproved in advance. Notwithstanding the above, LCM neither Argus nor any of its Argus' affiliates shall not be entitled to indemnification hereunder to the extent that the judgment, liability, loss, cost or damage arising from a claim for which indemnification is sought hereunder results directly or indirectly from the gross negligence or willful misconduct of LCM Argus or any of its Argus' affiliates.

By Van Kampen. In the event axx xxxxx xs exxxx xxx xlaim is brought by any third party againxx XXX xx any of its affiliates Xxxxxxx that relates to, arises out of or is based upon the performance by Van Kampen of its obligations hereunder, or the failure of Van Kampen, xx xxx xx Van Kampen's affiliates, as the case may be, to xxxxxx xxxh any law, rxxx xx xxxxxation relating to the Trusts, or use of the LCM Property by the Trusts, Horizon shall promptly notify Van Kampen, or any of Van Kampen's affiliates. LCM or any of its affilxxxxx xxxxl promptly nxxxxx Xxx Xxmpen Kampen and Van Kampen shall defend such claim at Van Kampen's expexxx xxx xxder Vxx Xxxxxx's control. Van Kampen shall xxxxxxxxx xxd hold harmless LCM xx xxx xx xts affiliaxxx xxxxxxt Horxxxx xxxxxxx any judgmentjudgmxxx, liabilityxxxxxlity, loss, cost or damage (including litigation costs and reasonable attorneys' fees) arising from or related to such claim whether or not such claim is successful. LCM or any of its affiliates Horizon shall have the right, at their expense, to participate in the defense of such claim through counsel of their own choosing; provided, however, that Van Kampen shall not be required to pay any settlement amount that it xxx xxx xxproved in advance. Notwithstanding the above, LCM nor any of its affiliates Horizon shall not be entitled to indemnification hereunder to the extent that the judgment, liability, loss, cost or damage arising from a claim for which indemnification is sought hereunder results directly or indirectly from the gross negligence or willful misconduct of LCM or any of its affiliatesHorizon.

By Van Kampen. In the event axx xxxxx xs brought by any third party againxx XXX xx XxxxxXxck or any of its affiliates that relates to, arises out of or is based upon the performance by Van Kampen of its obligations hereunder, or the failure of Van Kampen, xx xxx xx Van Kampen's affiliates, as the case may be, to xxxxxx xxxh any law, rxxx xx xxxxxation relating to the Trusts, or use of the LCM BlackRock Property by the Trusts, Van Kampen, or any of Van Kampen's affiliates. LCM , BlackRock or any of its affilxxxxx xxxxl promptly nxxxxx Xxx Xxmpen xxxxxxxxxs shall promxxxx xxxxxx Van Kampen and Van Kampen shall defend such claim at Van Kampen's expexxx xxx xxder Vxx Xxxxxx's control. Van Kampen shall xxxxxxxxx xxd hold harmless LCM BlaxxXxxx xx xxx xx xts affiliaxxx xxxxxxt xxy of its axxxxxxxxx against any judgment, liability, loss, cost or damage (including litigation costs and reasonable attorneys' fees) arising from or related to such claim whether or not such claim is successful. LCM BlackRock or any of its affiliates shall have the right, at their expense, to participate in the defense of such claim through counsel of their own choosing; provided, however, that Van Kampen shall not be required to pay any settlement amount that it xxx xxx xxproved in advance. Notwithstanding the above, LCM Neither BlackRock nor any of its affiliates shall not be entitled to indemnification hereunder to the extent that the judgment, liability, loss, cost or damage arising from a claim for which indemnification is sought hereunder results directly or indirectly from the gross negligence or willful misconduct of LCM BlackRock or any of its affiliates.

By Van Kampen. In the event axx xxxxx xs brought by any claim is xxxxxxx xy any third party againxx XXX xx against MCM or any of its affiliates that relates to, arises out of or is based upon the performance by Van Kampen of its obligations hereunderhereundxx, or the xx xxx failure of Van Kampen, xx xxx xx or any of Van Kampen's affiliatesafxxxxxxxx, as the case may bexxx xx, to xxxxxx xxxh xx xomply with any law, rxxx xx xxxxxation rule or regulation relating to the Trusts, or use of the LCM Property by the Trusts, Van Kampen, or any of Van Kampen's affiliates. LCM afxxxxxxxx, including wixxxxx xxxxxxtion, any claims relating to any actual or alleged material misstatement or omission in the Trust's Registration Statement, proxy statement, or any communication to current or prospective investors in the Trust, MCM or any of its affilxxxxx xxxxl affiliates shall promptly nxxxxx Xxx Xxmpen notify Van Kampen and Van Kampen shall defend such claim defenx xxxx xxxim at Xxx Xxxxxn's expense and under Van Kampen's expexxx xxx xxder Vxx Xxxxxx's controlKaxxxx'x xxxxxol. Van Kampen shall shalx xxxxxxxxx xxd and hold harmless LCM xx xxx xx xts affiliaxxx xxxxxxt hxxxxxxx XXM or any of its affiliates against any judgment, liability, loss, cost or damage (including litigation costs and reasonable attorneys' fees) arising from or related to such claim whether or not such claim is successful. LCM MCM or any of its affiliates shall have the right, at their expense, to participate in the defense of such claim through counsel of their own choosing; provided, however, that Van Kampen shall not be required to pay any settlement pxx xxx xxxtlement amount that it xxx xxx xxproved has not approved in advance. Notwithstanding the above, LCM Neither MCM nor any of its affiliates shall not be entitled to indemnification hereunder to the extent that the judgment, liability, loss, cost or damage arising from a claim for which indemnification is sought hereunder results directly or indirectly from the gross negligence or willful misconduct of LCM MCM or any of its affiliates. For the avoidance of doubt, neither Van Kampen nor any of its affiliates xxxxx xx xiable to MCM for any error in judgment, mistake of law, or loss arising out of any investments held by the Trust, or for any other act or omission in the performance by Van Kampen and its affiliates of theix xxxxxxxxons hereunder, except for liability resulting from the gross negligence or willful misconduct of Van Kampen or any of its affiliates.