Common use of By Xxx Xxxxxx Clause in Contracts

By Xxx Xxxxxx. In the event any claim is brought by any third party against RRG or any of its affiliates that relates to, arises out of or is based upon the performance by Xxx Xxxxxx of its obligations hereunder (including, but not limited to, the marketing, promotion and distribution of the Trusts), or the failure of Xxx Xxxxxx, or any of Xxx Xxxxxx'x affiliates, as the case may be, to comply with any law, rule or regulation relating to the Trusts, or use of the Property by the Trusts, Xxx Xxxxxx, or any of Xxx Xxxxxx'x affiliates, RRG or any of its affiliates shall promptly notify Xxx Xxxxxx and Xxx Xxxxxx shall defend such claim at Xxx Xxxxxx'x expense and under Xxx Xxxxxx'x control. Xxx Xxxxxx shall indemnify and hold harmless RRG 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. RRG 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 Xxx Xxxxxx shall not be required to pay any settlement amount that it has not approved in advance. Notwithstanding the above, RRG or 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 RRG or such affiliates, or actions or inactions by RRG or such affiliates in connection with its role as Supervisor.

By Xxx Xxxxxx. In the event any claim is brought by any third party against RRG Xxxxxx/Xxxxxx or any of its affiliates that relates to, arises out of or is based upon the performance by Xxx Xxxxxx of its obligations hereunder (including, but not limited to, the marketing, promotion and distribution of the Trusts), or the failure of Xxx Xxxxxx, or any of Xxx Xxxxxx'x affiliates, as the case may be, to comply with any law, rule or regulation relating to the Trusts, or use of the Property by the Trusts, Xxx Xxxxxx, or any of Xxx Xxxxxx'x affiliates, RRG Xxxxxx/Xxxxxx or any of its affiliates shall promptly notify Xxx Xxxxxx and Xxx Xxxxxx shall defend such claim at Xxx Xxxxxx'x expense and under Xxx Xxxxxx'x control. Xxx Xxxxxx shall indemnify and hold harmless RRG Xxxxxx/Xxxxxx 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. RRG Xxxxxx/Xxxxxx 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 Xxx Xxxxxx shall not be required to pay any settlement amount that it has not approved in advance. Notwithstanding the above, RRG Xxxxxx/Xxxxxx or 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 RRG Xxxxxx/Xxxxxx or such affiliates, or actions or inactions by RRG or such affiliates in connection with its role as Supervisor.

By Xxx Xxxxxx. In the event any claim is brought by any third party against RRG or any of its affiliates C&S that relates to, arises out of or is based upon the performance by Xxx Xxxxxx of its obligations hereunder (including, but not limited to, the marketing, promotion and distribution of the Trusts)hereunder, or the failure of Xxx Xxxxxx, or any of Xxx Xxxxxx'x affiliates, as the case may be, to comply with any law, rule or regulation relating to the Trusts, or use of the Property by the Trusts, Xxx Xxxxxx, or any of Xxx Xxxxxx'x affiliates, RRG or any of its affiliates C&S shall promptly notify Xxx Xxxxxx Xxxxxx, and Xxx Xxxxxx shall defend such claim at Xxx Xxxxxx'x expense and under Xxx Xxxxxx'x control. Xxx Xxxxxx shall indemnify and hold harmless RRG or any of its affiliates C&S 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. RRG or any of its affiliates C&S shall have the right, at their expense, to participate in the defense of such claim through counsel of their own choosing; provided, however, that Xxx Xxxxxx shall not be required to pay any settlement amount that it has not approved in advance. Notwithstanding the above, RRG or its affiliates C&S 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 RRG or such affiliatesC&S, or C & S actions or inactions by RRG or such affiliates in connection with its role as Supervisor.

By Xxx Xxxxxx. In the event any claim is brought by any third party against RRG Ibbotson or any of its affiliates that relates to, arises out of or is based upon the performance by Xxx Xxxxxx of its obligations hereunder (including, but not limited to, the marketing, promotion and distribution of the Trusts)hereunder, or the failure of Xxx Xxxxxx, or any of Xxx Xxxxxx'x affiliates, as the case may be, to comply with any law, rule or regulation relating to the Trusts, or use of the Ibbotson Property by the Trusts, Xxx Xxxxxx, or any of Xxx Xxxxxx'x affiliates, RRG Ibbotson or any of its affiliates shall promptly notify Xxx Xxxxxx and Xxx Xxxxxx shall defend such claim at Xxx Xxxxxx'x expense and under Xxx Xxxxxx'x control. Xxx Xxxxxx shall indemnify and hold harmless RRG Ibbotson 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. RRG Ibbotson 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 Xxx Xxxxxx shall not be required to pay any settlement amount that it has not approved in advance. Notwithstanding the above, RRG or neither Ibbotson 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 RRG Ibbotson or such any of its affiliates, or Ibbotson's actions or inactions by RRG or such affiliates in connection with its role as Supervisor.