Common use of Indemnification by Cxxxxxxxx Clause in Contracts

Indemnification by Cxxxxxxxx. The Custodian shall indemnify and hold harmless the Trust from and against any and all claims, demands, losses, expenses, and liabilities of any and every nature (including reasonable attorneys’ fees) that the Trust may sustain or incur or that may be asserted against the Trust by any person arising directly or indirectly out of any action taken or omitted to be taken by an Indemnified Party as a result of the Indemnified Party’s refusal or failure to comply with the terms of this Agreement (or any sub-custody agreement), or from its bad faith, negligence or willful misconduct in the performance of its duties under this Agreement (or any sub-custody agreement). This indemnity shall be a continuing obligation of the Custodian, its successors and assigns, notwithstanding the termination of this Agreement. As used in this paragraph, the term “Trust” shall include the Trust’s trustees, officers and employees.

Appears in 12 contracts

Samples: Custody Agreement (360 Funds), Custody Agreement (Tidal Trust III), Custody Agreement (Kurv ETF Trust)

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Indemnification by Cxxxxxxxx. The Custodian shall indemnify and hold harmless the Trust and Sponsor from and against any and all claims, demands, losses, expenses, and liabilities of any and every nature (including reasonable attorneys’ fees) that the Trust may sustain or incur or that may be asserted against the Trust by any person arising directly or indirectly out of any action taken or omitted to be taken by an Indemnified Party as a result of the Indemnified Party’s refusal or failure to comply with the terms of this Agreement (or any sub-custody agreement), or from its bad faith, negligence or willful misconduct in the performance of its duties under this Agreement (or any sub-custody agreement). This indemnity shall be a continuing obligation of the Custodian, its successors and assigns, notwithstanding the termination of this Agreement. As used in this paragraph, the term “Trust” shall include the Trust’s trustees, officers and employees and the term “Sponsor” shall include the Sponsor’s officers and employees.

Appears in 3 contracts

Samples: Custody Agreement (Valkyrie Bitcoin Fund), Custody Agreement (Valkyrie Bitcoin Fund), Custody Agreement (Tidal Commodities Trust I)

Indemnification by Cxxxxxxxx. The Custodian shall indemnify and hold harmless the Trust from and against any and all claims, demands, losses, expenses, expenses and liabilities of any and every nature (including reasonable attorneys’ fees) that the Trust may sustain or incur or that may be asserted against the Trust by any person arising directly or indirectly out of any action taken or omitted to be taken by an Indemnified Party as a result of the Indemnified Party’s refusal or failure to comply with the terms of this Agreement (or any sub-custody agreement), or from its bad faith, negligence or willful misconduct in the performance of its duties under this Agreement (or any sub-custody agreement). This indemnity shall be a continuing obligation of the Custodian, its successors and assigns, notwithstanding the termination of this Agreement. As used in this paragraph, the term “Trust” shall include the Trust’s trustees, officers Officers and employees.

Appears in 2 contracts

Samples: Custody Agreement (SP Funds Trust), Custody Agreement (SP Funds Trust)

Indemnification by Cxxxxxxxx. The Custodian shall indemnify and hold harmless the Trust Fund from and against any and all claims, demands, losses, expenses, and liabilities of any and every nature (including reasonable attorneys’ fees) that the Trust Fund may sustain or incur or that may be asserted against the Trust Fund by any person arising directly or indirectly out of any action taken or omitted to be taken by an Indemnified Party as a result of the Indemnified Party’s refusal or failure to comply with the terms of this Agreement (or any sub-custody agreement), or from its bad faith, negligence or willful misconduct in the performance of its duties under this Agreement (or any sub-custody agreement). This indemnity shall be a continuing obligation of the Custodian, its successors and assigns, notwithstanding the termination of this Agreement. As used in this paragraph, the term “TrustFund” shall include the TrustFund’s trustees, officers and employees.

Appears in 2 contracts

Samples: Custody Agreement (BIP Ventures Evergreen BDC), Custody Agreement (Finite Solar Finance Fund)

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Indemnification by Cxxxxxxxx. The Custodian shall indemnify and hold harmless the Trust Fund from and against any and all claims, demands, losses, expenses, and liabilities of any and every nature (including reasonable attorneys’ fees) that the Trust Fund may sustain or incur or that may be asserted against the Trust Fund by any person arising directly or indirectly out of any action taken or omitted to be taken by an Indemnified Party as a result of the Indemnified Party’s refusal or failure to comply with the terms of this Agreement (or any sub-custody agreement), or from its bad faith, negligence or willful misconduct in the performance of its duties under this Agreement (or any sub-custody agreement). This indemnity shall be a continuing obligation of the Custodian, its successors and assigns, notwithstanding the termination of this Agreement. As used in this paragraph, the term “TrustFund” shall include the TrustFund’s trusteesdirectors, officers and employees.

Appears in 2 contracts

Samples: Custody Agreement (Pearl Diver Credit Co Inc.), Custody Agreement (Oaktree Diversified Income Fund Inc.)

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