Immunity and Indemnification. The Trustee shall not incur any liability of any nature in connection with any act or omission, made in good faith, in the administration of this Agreement, or in carrying out any directions by the Grantor or the DEQ Director issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor from and against any and all liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense; provided however that the Trustee shall not be entitled to be indemnified for any liability arising from its own gross negligence or willful misconduct or the gross negligence or willful misconduct of its officers, employees or agents.
Appears in 7 contracts
Samples: Trust Fund Agreement, Trust Fund Agreement, Trust Fund Agreement
