Indemnification by MSIL. MSIL shall indemnify, defend and hold harmless Customer and its successors or assigns from and against any losses, liabilities, damages, costs or expenses (including in connection with the defense or settlement of claims; provided MSIL has approved such settlement) incurred as a direct result of the activities of MSIL or its affiliates, provided, further, that the act, omission, conduct or activity giving rise to the claim for indemnification was the result of bad faith, misconduct or negligence of MSIL or its affiliates.
Appears in 14 contracts
Samples: Customer Agreement (DWFCM International Access Fund Lp), Customer Agreement (Morgan Stanley Spectrum Select Lp), Customer Agreement (Morgan Stanley Spectrum Technical Lp)
Indemnification by MSIL. MSIL shall indemnify, defend and hold harmless Customer and its successors or assigns from and against any losses, liabilities, damages, costs or and expenses (including in connection with the defense or settlement of claims; provided MSIL has approved such settlement) incurred as a direct result of the activities of MSIL or its affiliates, provided, further, that the act, omission, conduct conduct, or activity giving rise to the claim for indemnification was the result of bad faith, misconduct or negligence of MSIL or its affiliates.
Appears in 8 contracts
Samples: Customer Agreement (BHM Discretionary Futures Fund L.P.), Customer Agreement (Morgan Stanley Managed Futures MV, L.P.), Customer Agreement (Witter Dean Diversified Futures Fund Ii L P)
Indemnification by MSIL. MSIL shall indemnify, defend and hold harmless Customer and its successors or assigns from and against any losses, liabilities, damages, costs or expenses (including in connection with the defense or settlement of claims; provided PROVIDED MSIL has approved such settlement) incurred as a direct result of the activities of MSIL or its affiliates, providedPROVIDED, furtherFURTHER, that the act, omission, conduct or activity giving rise to the claim for indemnification was the result of bad faith, misconduct or negligence of MSIL or its affiliates.
Appears in 1 contract
Samples: Form of Customer Agreement (Morgan Stanley Dean Witter Spectrum Technical Lp)
Indemnification by MSIL. MSIL shall indemnify, defend and hold harmless Customer and its successors or assigns from and against any losses, liabilities, damages, costs or and expenses (including in connection with the defense or settlement of claims; provided MSIL has approved such settlement) incurred as a direct result of the activities of MSIL or its affiliates, provided, further, provided that the act, omission, conduct conduct, or activity giving rise to the claim for indemnification was the result of bad faith, misconduct or negligence of MSIL or its affiliatesnegligence.
Appears in 1 contract
Samples: Customer Agreement (Morgan Stanley Tangible Asset Fund L P)
Indemnification by MSIL. MSIL shall indemnify, defend and hold harmless the Customer and its successors or assigns from and against any losses, liabilities, damages, costs or expenses (including in connection with the defense or settlement of claims; provided MSIL has approved such settlement) incurred as a direct result of the activities of MSIL or its affiliates, provided, further, that the act, omission, conduct or activity giving rise to the claim for indemnification was the result of bad faith, misconduct or negligence of MSIL or its affiliates.
Appears in 1 contract
