Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (including attorneys’ fees but with the exception of those damages and expenses referenced in Section 6(b)) suffered or incurred by each such Fund caused by a material breach of this Agreement or the fraud, negligence or willful misconduct of the Custodian or any agent of the Custodian or Subcustodian engaged by the Custodian.
Appears in 14 contracts
Samples: Custody Agreement (NB Crossroads Private Markets Fund VII LP), Custody Agreement (NB Crossroads Private Markets Fund VI LP), Custody Agreement (NB Crossroads Private Markets Fund VI Advisory LP)
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (including attorneys’ fees but with the exception of those damages and expenses referenced in Section 6(b6(a)) suffered or incurred by each such Fund caused by a material breach of this Agreement or the fraud, negligence or willful misconduct of the Custodian or any agent of the Custodian or Subcustodian engaged by the Custodian.
Appears in 12 contracts
Samples: Custody Agreement (Fairway Private Equity & Venture Capital Opportunities Fund), Custody Agreement (First Trust Real Assets Fund), Custody Agreement (Wellings Real Estate Income Fund)
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (including attorneys’ fees but with the exception of those damages and expenses referenced in Section 6(b6(a)) suffered or incurred by each such the Fund caused by a material breach of this Agreement or the fraud, negligence or willful misconduct of the Custodian or any agent of the Custodian or Subcustodian engaged by the Custodian.
Appears in 4 contracts
Samples: Custody Agreement (FlowStone Opportunity Fund), Custody Agreement (Forum CRE Income Fund), Custody Agreement (Cresset Private Markets Opportunity Fund)
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (including reasonable attorneys’ fees but (with the exception of those damages and expenses referenced in Section 6(b6(a)) suffered or incurred by each such the Fund caused by a relating to or arising out of the material breach of this Agreement or the fraudAgreement, negligence negligence, bad faith, fraud or willful misconduct of the Custodian or any agent of the Custodian its employees or Subcustodian engaged by the Custodian’s or its employees’ reckless disregard of its duties under this Agreement.
Appears in 2 contracts
Samples: Custody Agreement (MVP Private Markets Fund), Custody Agreement (MVP Private Markets Fund)
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each Fund and its affiliates from all losses, damages and expenses (including attorneys’ fees but with the exception of those damages and expenses referenced in Section 6(b)) suffered or incurred by each such Fund or its affiliates caused by a material breach of this Agreement or the fraud, negligence or willful misconduct failure of the Custodian or any agent to meet the Standard of Care; provided, that in no event shall the Custodian be required to indemnify the Fund or Subcustodian engaged by the Custodianits affiliates for attorneys’ fees or for special, consequential, indirect or punitive damage arising under or in connection with this Agreement.
Appears in 2 contracts
Samples: Custody Agreement (SharesPost 100 Fund), Custody Agreement (SharesPost 100 Fund)
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (including attorneys’ fees but with the exception of those damages losses, damages, and expenses referenced in Section 6(b6(a)) suffered or incurred by each such the Fund caused by a material breach of this Agreement or the fraud, negligence or willful misconduct of the Custodian or its agent (not to include any agent of the Custodian Domestic or Subcustodian engaged by the CustodianForeign Subcustodian).
Appears in 2 contracts
Samples: Custody Agreement (Broadstone Real Estate Access Fund), Custody Agreement (Broadstone Real Estate Access Fund, Inc.)
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (including attorneys’ fees but with the exception of those damages and expenses referenced in Section 6(b6(a)) suffered or incurred by each such Fund caused by a material breach of this Agreement or the fraud, negligence or willful misconduct of the Custodian or its agent (not to include any agent of the Custodian Domestic or Subcustodian engaged by the Custodian.Foreign Subcustodian)..
Appears in 1 contract
Samples: Custody Agreement (Total Income (Plus) Real Estate Fund)
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (including attorneys’ fees but with the exception of those damages and expenses referenced in Section 6(b6(a)) suffered or incurred by each such Fund caused by a material breach of this Agreement or the fraud, negligence or willful misconduct of the Custodian Custodian, or any agent a material breach of the Custodian or Subcustodian engaged by the Custodian’s standard of care under this Agreement.
Appears in 1 contract
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (including attorneys’ fees but with the exception of those damages and expenses referenced in Section 6(b6(a)) suffered or incurred by each such the Fund caused by a material breach the negligence, bad faith or willful misconduct on the part of the Custodian, the Custodian’s reckless disregard of its duties under this Agreement or the fraud, negligence or willful misconduct Custodian’s breach of the Custodian or terms of this Agreement any agent of contract between the Custodian or Subcustodian engaged by Fund and the Custodian.
Appears in 1 contract
Samples: Custody Agreement (Center Coast MLP & Infrastructure Fund)
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (including attorneys’ fees but with the exception of those damages and expenses referenced in Section 6(b6(a)) suffered or incurred by each such Fund caused by a material breach of this Agreement or the fraudnegligence, negligence bad faith or willful misconduct of the Custodian or any agent the reckless disregard of the Custodian or Subcustodian engaged by the Custodian’s duties and obligations under this Agreement.
Appears in 1 contract
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (including attorneys’ ' fees but with the exception of those damages and expenses referenced in Section 6(b6(a)) suffered or incurred by each such Fund caused by a material breach of this Agreement or the fraud, negligence or willful misconduct of the Custodian or any agent of the Custodian or Subcustodian engaged by the Custodian.
Appears in 1 contract
Samples: Custody Agreement (NB Crossroads Private Markets Access Fund LLC)
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to shall indemnify and hold harmless each Fund from all losses, damages and expenses (including attorneys’ fees but with the exception of those damages and expenses referenced in Section 6(b)) suffered or incurred by each such Fund caused by a material the Custodian's breach of this Agreement the Standard of Care, or by the fraudnegligence, negligence or bad faith, willful misconduct or reckless disregard of the Custodian or any agent of the Custodian or Subcustodian engaged by the Custodian.
Appears in 1 contract
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each Fund and the Administrator from all losses, damages and expenses (including attorneys’ fees but with the exception of those damages and expenses referenced in Section 6(b6(a)) and expenses (including reasonable attorneys’ fees) suffered or incurred by each such Fund or the Administrator caused by a material breach of this Agreement or the fraud, negligence or willful misconduct of the Custodian or any agent of the Custodian or Subcustodian engaged by the Custodian.
Appears in 1 contract
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (including attorneys’ reasonable attorney’s fees but with the exception of those damages and expenses referenced in Section 6(b6(a)) suffered or incurred by each such the Fund caused by a material breach of this Agreement or the fraudAgreement, negligence or willful misconduct of the Custodian or any agent of the Custodian or Subcustodian engaged by the Custodian.
Appears in 1 contract
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (including reasonable attorneys’ fees but with the exception of those damages and expenses referenced in Section 6(b6(a)) suffered or incurred by each such Fund caused by a material breach of this Agreement or the fraud, negligence or willful misconduct of the Custodian or any agent of the Custodian or Subcustodian engaged by the Custodian.
Appears in 1 contract
Indemnification by Custodian. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (including reasonable attorneys’ fees but with the exception of those damages and expenses referenced in Section 6(b6(a)) suffered or incurred by each such the Fund caused by a material breach of this Agreement or the fraud, negligence or willful misconduct of the Custodian its employees or any agent of the Custodian or Subcustodian engaged by the Custodianagents.
Appears in 1 contract
Samples: Custody Agreement (Archstone Alternative Solutions Fund)