Indemnification By Funds. Each Fund will indemnify and hold VKAM harmless from all loss, cost, damage and expense, including reasonable expenses for legal counsel, incurred by VKAM resulting from: (a) any claim, demand, action or suit in connection with VKAM's acceptance of this Agreement; (b) any action or omission by VKAM in the performance of its duties hereunder; (c) VKAM's acting upon instructions believed by it to have been executed by a duly authorized officer of the Fund; or (d) VKAM's acting upon information provided by the Fund in form and under policies agreed to by VKAM and the Fund. VKAM shall not be entitled to such indemnification in respect of actions or omissions constituting gross negligence or willful misconduct of VKAM or its agents or contractors. Prior to confessing any claim against it which may be subject to this indemnification, VKAM shall give the Fund reasonable opportunity to defend against said claim in its own name or in the name of VKAM.
Appears in 4 contracts
Samples: Fund Accounting Agreement (Van Kampen Exchange Fund), Fund Accounting Agreement (Van Kampen U S Government Trust), Fund Accounting Agreement (Van Kampen Tax Exempt Trust)
