Common use of Indemnification by Adviser and Fund Clause in Contracts

Indemnification by Adviser and Fund. (a)(1) The Adviser agrees to indemnify and hold harmless the Company and each of its directors and officers, employees and agents, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the “Indemnified Parties” for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Adviser) or litigation expenses (including any Losses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s shares or the Contracts and:

Appears in 19 contracts

Samples: Participation Agreement (PHL Variable Accumulation Account), Participation Agreement (Mutual of America Separate Account No 2), Participation Agreement (Pacific Select Exec Separate Account of Pacific Life & Annui)

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Indemnification by Adviser and Fund. (a)(1) The Adviser agrees to indemnify and hold harmless the Company and each of its directors and officers, employees and agents, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Adviser) or litigation expenses (including any Losses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Contracts and:

Appears in 11 contracts

Samples: Participation Agreement (Forethought Life Insurance Co Separate Account A), Participation Agreement (Riversource Variable Annuity Account), Participation Agreement (Phoenix Life Variable Universal Life Account)

Indemnification by Adviser and Fund. (a)(1) 8.2(a)(1). The Adviser agrees to indemnify and hold harmless the Company and each of its directors and officers, employees and agents, officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the “Indemnified Parties” for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Adviser) or litigation expenses (including any Lossesreasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s shares or the Contracts and:

Appears in 5 contracts

Samples: Participation Agreement (Lincoln Benefit Life Variable Life Account), Participation Agreement (Lincoln Benefit Life Variable Life Account), Participation Agreement (Mony America Variable Account A)

Indemnification by Adviser and Fund. (a)(1a)(l) The Adviser agrees to indemnify and hold harmless the Company and each of its directors and officers, employees and agents, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Adviser) or litigation expenses (including any Losses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Contracts and:

Appears in 3 contracts

Samples: Participation Agreement (Principal Life Insurance Co Separate Account B), Participation Agreement (First Metlife Investors Variable Annuity Account One), Execution Copy (Metlife Investors Usa Separate Account A)

Indemnification by Adviser and Fund. (a)(1) The Adviser agrees to indemnify and hold harmless the each Company and each of its directors and officers, employees and agents, and each person, if any, who controls the such Company within the meaning of Section 15 of the 1933 Act (collectively, the “Indemnified Parties” for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Adviser) or litigation expenses (including any Losses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s shares or the Contracts and:

Appears in 3 contracts

Samples: Participation Agreement (Massachusetts Mutual Variable Life Separate Account I), Participation Agreement (Massachusetts Mutual Variable Life Separate Account I), Participation Agreement (C M Multi Account A)

Indemnification by Adviser and Fund. (a)(1) 8.2(a)(1). The Adviser agrees to indemnify and hold harmless the Company and each of its directors and officers, employees and agents, officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Adviser) or litigation expenses (including any Lossesreasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Contracts and:

Appears in 2 contracts

Samples: Participation Agreement (JPF Variable Annuity Separate Account), Participation Agreement (JPF Separate Account C of Jefferson Pilot Financial Ins Co)

Indemnification by Adviser and Fund. (a)(1) The Adviser agrees to indemnify and hold harmless the Company and each of its directors and officers, employees and agents, officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Adviser) or litigation expenses (including any Lossesreasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Contracts and:

Appears in 1 contract

Samples: Participation Agreement (Metlife of Ct Fund Ul Iii for Variable Life Insurance)

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Indemnification by Adviser and Fund. 8.2 (a)(1) ). The Adviser agrees to indemnify and hold harmless the Company and each of its directors and officers, employees and agents, officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectivelyActcollectively, the ( “Indemnified Parties” for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Adviser) or litigation expenses (including any Lossesreasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Contracts and:

Appears in 1 contract

Samples: Participation Agreement (Separate Account B of Ing Usa Annuity Life Insurance Co)

Indemnification by Adviser and Fund. (a)(1a)(l) The Adviser agrees to indemnify and hold harmless the Company and each of its directors and officers, employees and agents, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the “Indemnified Parties” for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Adviser) or litigation expenses (including any Losses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s shares or the Contracts and:

Appears in 1 contract

Samples: Participation Agreement (MEMBERS Horizon Variable Separate Account)

Indemnification by Adviser and Fund. (a)(1) ). The Adviser agrees to indemnify and hold harmless the Company and each of its directors and officers, employees and agents, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Adviser) or litigation expenses (including any Lossesreasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Contracts and:

Appears in 1 contract

Samples: Participation Agreement (Annuity Investors Variable Account C)

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