Common use of Indemnification by Fund Clause in Contracts

Indemnification by Fund. Subject to the limitations set forth in this Agreement, the Fund agrees to indemnify and hold harmless the Custodian and its nominees from all losses, damages and expenses (including attorneys’ fees) (with the exception of those losses, damages, and expenses referenced in Section 6(a)) suffered or incurred by the Custodian or its nominee caused by or arising from actions taken by the Custodian, its employees or agents in the performance of its duties and obligations under this Agreement, including, but not limited to, any indemnification obligations undertaken by the Custodian under any relevant subcustodian agreement; provided, however, that such indemnity shall not apply to the extent the Custodian is liable under Sections 6 or 7 hereof or caused by the negligence or willful misconduct of the Custodian or its agent (not to include any Domestic or Foreign Subcustodian). If the Fund requires the Custodian to take any action with respect to Securities, which action involves the payment of money or which may, in the opinion of the Custodian, result in the Custodian or its nominee assigned to the Fund being liable for the payment of money or incurring liability of some other form, the Fund, as a prerequisite to requiring the Custodian to take such action, shall provide indemnity to the Custodian in an amount and form satisfactory to it.

Indemnification by Fund. Subject to the limitations set forth in this Agreement, the each Fund agrees to indemnify and hold harmless the Custodian and its nominees from all losses, damages and expenses (including attorneys’ fees) (with the exception of those losses, damages, and expenses referenced in Section 6(a)) suffered or incurred by the Custodian or its nominee caused by or arising from actions taken by the Custodian, its employees or agents in the performance of its duties and obligations under this Agreement, including, but not limited to, any indemnification obligations undertaken by the Custodian under any relevant subcustodian agreement; provided, however, that such indemnity shall not apply to the extent the Custodian is liable under Sections 6 or 7 hereof or caused by hereof; provided, further, that in no event shall the negligence or willful misconduct of Fund be required to indemnify the Custodian or its agent (not to include any Domestic nominees for attorneys’ fees or Foreign Subcustodian)for special, consequential, indirect or punitive damages arising under or in connection with this Agreement. If the any Fund requires the Custodian to take any action with respect to Securities, which action involves the payment of money or which may, in the opinion of the Custodian, result in the Custodian or its nominee assigned to the such Fund being liable for the payment of money or incurring liability of some other form, the such Fund, as a prerequisite to requiring the Custodian to take such action, shall provide indemnity to the Custodian in an amount and form satisfactory to it.

Indemnification by Fund. Subject to the limitations set forth in this Agreement, the each Fund agrees to indemnify and hold harmless the Custodian and its nominees from all losses, damages and expenses (including attorneys’ ' fees) (with the exception of those losses, damages, and expenses referenced in Section 6(a)) suffered or incurred by the Custodian or its nominee caused by or arising from actions taken by the Custodian, its employees or agents in the performance of its duties and obligations under this Agreement, including, but not limited to, any indemnification obligations undertaken by the Custodian under any relevant subcustodian agreement; provided, however, that such indemnity shall not apply to the extent the Custodian is liable under Sections 6 or 7 hereof or caused by the negligence or willful misconduct of the Custodian or its agent (not to include any Domestic or Foreign Subcustodian)hereof. If the any Fund requires the Custodian to take any action with respect to Securities, which action involves the payment of money or which may, in the opinion of the Custodian, result in the Custodian or its nominee assigned to the such Fund being liable for the payment of money or incurring liability of some other form, the such Fund, as a prerequisite to requiring the Custodian to take such action, shall provide indemnity to the Custodian in an amount and form satisfactory to it. Each Fund agrees to indemnify and hold harmless the Custodian for any action the Custodian takes or does not take in reliance upon directions, Instructions or Special Instructions except for such action or inaction resulting from the Custodian's negligence or willful misconduct.

Indemnification by Fund. Subject to the limitations set forth in this Agreement, the each Fund agrees to indemnify and hold harmless the Custodian and its nominees from all losses, damages and expenses (including attorneys’ ' fees) (with the exception of those losses, damages, and expenses referenced in Section 6(a)) suffered or incurred by the Custodian or its nominee caused by or arising from actions taken by the Custodian, its employees or agents in the performance of its duties and obligations under this Agreement, including, but not limited to, any indemnification obligations undertaken by the Custodian under any relevant subcustodian agreement; provided, however, that such indemnity shall not apply to the extent the Custodian is liable under Sections 6 or 7 hereof or caused by the negligence or willful misconduct of the Custodian or its agent (not to include any Domestic or Foreign Subcustodian)hereof. If the any Fund requires the Custodian to take any action with respect to Securities, which action involves the payment of money or which may, in the opinion of the Custodian, result in the Custodian or its nominee assigned to the such Fund being liable for the payment of money or incurring liability of some other form, the such Fund, as a prerequisite to requiring the Custodian to take such action, shall provide indemnity to the Custodian in an amount and form satisfactory to it. Each Fund agrees to indemnify and hold harmless the Custodian for any action the Custodian takes or does not take in reliance upon directions, Instructions or Special Instructions except for such action or inaction resulting from the Custodian’s negligence or willful misconduct.

Indemnification by Fund. Subject to the limitations set forth in this Agreement, the each Fund agrees to indemnify and hold harmless the Custodian and its nominees from all losses, damages and expenses (including reasonable attorneys’ fees) (with the exception of those losses, damages, and expenses referenced in Section 6(a)) suffered or incurred by the Custodian or its nominee caused by or arising from actions taken by the Custodian, its employees or agents in the performance of its duties and obligations under this Agreement, including, but not limited to, any indemnification obligations undertaken by the Custodian under any relevant subcustodian agreement; provided, however, that such Custodian’s indemnity obligations under this Section shall not apply to the extent the Custodian is liable under Sections 6 or 7 hereof or caused by the negligence or willful misconduct of the Custodian or its agent (not to include any Domestic or Foreign Subcustodian)hereof. If the any Fund requires the Custodian to take any action with respect to Securities, which action involves the payment of money or which may, in the opinion of the Custodian, result in the Custodian or its nominee assigned to the such Fund being liable for the payment of money or incurring liability of some other form, the such Fund, as a prerequisite to requiring the Custodian to take such action, shall provide indemnity to the Custodian in an amount and form satisfactory to it.

Indemnification by Fund. Subject to the limitations set forth in this Agreement, the each Fund agrees to indemnify and hold harmless the Custodian and its nominees from all losses, damages and expenses (including attorneys’ ' fees) (with the exception of those losses, damages, and expenses referenced in Section 6(a)) suffered or incurred by the Custodian or its nominee caused by or arising from actions taken by the Custodian, its employees or agents in the performance of its duties and obligations under this Agreement, including, but not limited to, any indemnification obligations undertaken by the Custodian under any relevant subcustodian agreement; provided, however, that such indemnity shall not apply to the extent the Custodian is liable under Sections 6 or 7 hereof or caused by the negligence or willful misconduct of the Custodian or its agent (not pursuant to include any Domestic or Foreign Subcustodian)8(b) hereafter. If the any Fund requires the Custodian to take any action with respect to Securities, which action involves the payment of money or which may, in the opinion of the Custodian, result in the Custodian or its nominee assigned to the such Fund being liable for the payment of money or incurring liability of some other form, the such Fund, as a prerequisite to requiring the Custodian to take such action, shall provide indemnity to the Custodian in an amount and form satisfactory to it. Each Fund agrees to indemnify and hold harmless the Custodian for any action the Custodian takes or does not take in reliance upon directions, Instructions or Special Instructions except for such action or inaction resulting from the Custodian’s negligence or willful misconduct.

Indemnification by Fund. Subject to the limitations set forth in this Agreement, the each Fund agrees to indemnify and hold harmless the Custodian and its nominees from all losses, damages and expenses (expenses, including attorneys’ ' fees) , (with the exception of those losses, damages, damages and expenses referenced in Section 6(a)) suffered or incurred by the Custodian or its nominee caused by or arising from actions taken by the Custodian, its employees or agents in the performance of its duties and obligations under this Agreement, including, but not limited to, any indemnification obligations undertaken by the Custodian under any relevant subcustodian agreement; provided, however, that such indemnity shall not apply to the extent the Custodian is liable under Sections 6 or 7 hereof or caused by the negligence or willful misconduct of the Custodian or its agent (not to include any Domestic or Foreign Subcustodian). If the any Fund requires the Custodian to take any action with respect to Securities, which action involves the payment of money or which may, in the opinion of the Custodian, result in the Custodian or its nominee assigned to the such Fund being liable for the payment of money or incurring liability of some other form, the such Fund, as a prerequisite to requiring the Custodian to take such action, shall provide indemnity to the Custodian in an amount and form satisfactory to it.