Common use of Fortis Clause in Contracts

Fortis. and Target Fund agree to indemnify and hold harmless Acquiring Fund and each of Acquiring Fund's directors and officers from and against any and all losses, claims, damages, liabilities or expenses (including, without limitation, the payment of reasonable legal fees and reasonable costs of investigation) to which, jointly or severally, Acquiring Fund or any of Acquiring Fund's directors or officers may become subject, insofar as any such loss, claim, damage, liability or expense (or actions with respect thereto) arises out of or is based on any breach by the Fortis or Target Fund of any of their representations, warranties, covenants or agreements set forth in this Agreement.