Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s Disqualifying Conduct.
Appears in 104 contracts
Samples: Agreement and Declaration of Trust (PFM Multi-Manager Series Trust), Agreement and Declaration of Trust (Roundhill ETF Trust), Agreement and Declaration of Trust (Madison ETFs Trust)
Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.
Appears in 67 contracts
Samples: Trust Agreement (Quaker Investment Trust), Amended and Restated Agreement and Declaration of Trust (Franklin Templeton International Trust), Agreement and Declaration of Trust (Franklin Fund Allocator Series)
Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust or the Shareholders, Shareholders indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.
Appears in 8 contracts
Samples: Trust Agreement (Templeton Emerging Markets Income Fund Inc), Trust Agreement (Franklin Templeton Strategic Income Trust), Agreement and Declaration of Trust (Franklin Templeton Limited Duration Income Trust)
Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s Disqualifying Conduct. In respect of any claim, issue issue, or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s Disqualifying Conduct.
Appears in 7 contracts
Samples: Agreement and Declaration of Trust (Dfa Investment Trust Co), Agreement and Declaration of Trust (Dimensional Emerging Markets Value Fund), Trust Agreement (GuideMark Alternative Lending Income Fund)
Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue issue, or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.
Appears in 6 contracts
Samples: Agreement and Declaration of Trust (USQ Core Real Estate Fund), Trust Agreement (USQ Core Real Estate Fund), Agreement and Declaration of Trust (Dfa Investment Trust Co)
Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Disqualifying Conduct of such Agent’s Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of Disqualifying Conduct of that Person’s Disqualifying Conduct.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Palmer Square Funds Trust), Agreement and Declaration of Trust (Palmer Square Funds Trust), Agreement and Declaration of Trust (Palmer Square Funds Trust)
Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue issue, or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust Trust, or the applicable Series thereof, or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Allegiant Advantage Funds), Trust Agreement (Allegiant Funds)
Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s Agents Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s Persons duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s Persons Disqualifying Conduct.
Appears in 1 contract
Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action -------------------------------------------------------------------------------- was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Gartmore Mutual Funds Iii)
Exclusion of Indemnification. Notwithstanding any provision to the ---------------------------- contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Franklin Mutual Recovery Fund)
Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust or the Shareholders, indemnification -------------------------------------------------------------------------------- shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Gartmore Variable Insurance Trust Iii)
Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s Agent’s Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s Person’s duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s Person’s Disqualifying Conduct.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Franklin High Income Trust)
Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s duty to the Trust or the Shareholders, Shareholders indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s Disqualifying Conduct.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Franklin LTD Duration Income Trust)
