Common use of Indemnification By Funds Clause in Contracts

Indemnification By Funds. Each Fund, severally and not jointly, shall ------------------------ indemnify and hold harmless CTC from and against any and all costs, expenses, damages, liabilities or claims (including reasonable attorneys' and accountants' fees) arising from CTC's performance of its obligations under this Agreement with respect to such Fund, provided that CTC shall not be indemnified and held harmless from and against (a) any such costs, expenses, damages, liabilities or - claims arising from bad faith, willful misconduct or negligence on the part of CTC, or (b) special, incidental or consequential damages, even if the Trust or - any Fund has been advised of the possibility of such damages.

Appears in 2 contracts

Samples: Manager Agreement (Bear Stearns Funds), Foreign Custody Manager Agreement (Bear Stearns Funds)

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Indemnification By Funds. Each Fund, severally and not jointly, shall ------------------------ indemnify and hold harmless CTC from and against any and all costs, expenses, damages, liabilities or claims (including reasonable attorneys' and accountants' fees) arising from CTC's performance of its obligations under this Agreement with respect to such Fund, provided that CTC shall not be indemnified and held harmless from and against (a) any such costs, expenses, damages, liabilities or - claims arising from bad faith, willful misconduct or negligence on the part of CTC, or (b) special, incidental or consequential damages, even if the Trust or - any Fund has been advised of the possibility of such damages.

Appears in 1 contract

Samples: Manager Agreement (Third Avenue Variable Series Trust)

Indemnification By Funds. Each Fund, severally and not jointly, shall ------------------------ indemnify and hold harmless CTC from and against any and all costs, expenses, damages, liabilities or claims (including reasonable attorneys' and accountants' fees) arising from CTC's performance of its obligations under this Agreement with respect to such Fund, provided that CTC shall not be indemnified and held harmless from and against (aA) any such costs, expenses, damages, liabilities or - claims arising from bad faith, willful misconduct or negligence on the part of CTC, or (bB) special, incidental or consequential damages, even if the Trust or - any Fund has been advised of the possibility of such damages.

Appears in 1 contract

Samples: Manager Agreement (Third Avenue Trust)

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Indemnification By Funds. Each Fund, severally and not jointly, shall ------------------------ indemnify and hold harmless CTC from and against any and all costs, expenses, damages, liabilities or claims (including reasonable attorneys' and accountants' fees) arising from CTC's performance of its obligations under this Agreement with respect to such Fund, provided that CTC shall not be indemnified and held harmless from and against (aA) any such costs, expenses, damages, liabilities or - claims arising from bad faith, willful misconduct or negligence on the part of CTC, or (b) special, incidental or consequential damages, even if the Trust or - any Fund has been advised of the possibility of such damages.

Appears in 1 contract

Samples: Foreign Custody Manager Agreement (Alger American Fund)

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