Common use of Indemnification by the Administrator Clause in Contracts

Indemnification by the Administrator. The Administrator shall indemnify each Fund and hold it harmless from and against any and all losses, damages and expenses, including reasonable attorneys' fees and expenses, incurred by such Fund which result from (i) the Administrator's failure to comply with the terms of this Agreement with respect to such Fund; or (ii) the Administrator's lack of good faith in performing its obligations hereunder with respect to such Fund; or (iii) the Administrator's negligence or misconduct or its employees, agents or contractors in connection herewith with respect to such Fund. A Fund shall not be entitled to such indemnification in respect of actions or omissions constituting negligence or misconduct on the part of that Fund or its employees, agents or contractors other than the Administrator, unless such negligence or misconduct results from or is accompanied by negligence or misconduct on the part of the Administrator, any affiliated person of the Administrator, or any affiliated person of an affiliated person of the Administrator. Before confessing any claim against it which may be subject to indemnification hereunder, a Fund shall give the Administrator reasonable opportunity to defend against such claim in its own name or the name of the Fund.

Indemnification by the Administrator. The Administrator shall indemnify each Fund Portfolio and hold it harmless from and against any and all losses, damages and expenses, including reasonable attorneys' fees and expenses, incurred by such Fund Portfolio which result from (i) the Administrator's failure to comply with the terms of this Agreement with respect to such FundPortfolio; or (ii) the Administrator's lack of good faith in performing its obligations hereunder with respect to such FundPortfolio; or (iii) the Administrator's negligence or misconduct or its employees, agents or contractors in connection herewith with respect to such FundPortfolio. A Fund Portfolio shall not be entitled to such indemnification in respect of actions or omissions constituting negligence or misconduct on the part of that Fund Portfolio or its employees, agents or contractors other than the Administrator, Administrator unless such negligence or misconduct results from or is accompanied by negligence or misconduct on the part of the Administrator, any affiliated person of the Administrator, or any affiliated person of an affiliated person of the Administrator. Before confessing any claim against it which may be subject to indemnification hereunder, a Fund Portfolio shall give the Administrator reasonable opportunity to defend against such claim in its own name or in the name of the FundTrust on behalf of such Portfolio.

Indemnification by the Administrator. The Administrator shall indemnify each the Fund and hold it harmless from and against any and all losses, damages and expenses, including reasonable attorneys' ’ fees and expenses, incurred by such the Fund which result from (i) the Administrator's ’s failure to comply with the terms of this Agreement with respect to such the Fund; or (ii) the Administrator's ’s lack of good faith in performing its obligations hereunder with respect to such the Fund; or (iii) the Administrator's ’s negligence or misconduct or of its employees, agents or contractors in connection herewith with respect to such the Fund. A The Fund shall not be entitled to such indemnification in respect of actions or omissions constituting negligence or misconduct on the part of that the Fund or its employees, agents or contractors other than the Administrator, unless such negligence or misconduct results from or is accompanied by negligence or misconduct on the part of the Administrator, any affiliated person of the Administrator, or any affiliated person of an affiliated person of the Administrator. Before confessing any claim against it which may be subject to indemnification hereunder, a the Fund shall give the Administrator reasonable opportunity to defend against such claim in its own name or the name of the Fund.

Indemnification by the Administrator. The Administrator shall indemnify each the Fund and hold it harmless from and against any and all losses, damages and expenses, including reasonable attorneys' fees and expenses, incurred by such the Fund which result from form (i) the Administrator's failure to comply with the terms of this Agreement with respect to such the Fund; or (ii) the Administrator's lack of good faith in performing its obligations hereunder with respect to such the Fund; or (iii) the Administrator's negligence or misconduct or its employees, agents or contractors in connection herewith with respect to such the Fund. A The Fund shall not be entitled to such indemnification in respect of actions or omissions constituting negligence or misconduct on the part of that the Fund or its employees, agents or contractors other than the Administrator, unless such negligence or misconduct results from or is accompanied by negligence or misconduct on the part of the Administrator, any affiliated person of the Administrator, or any affiliated person of an affiliated person of the Administrator. Before confessing any claim against it which may be subject to indemnification hereunder, a the Fund shall give the Administrator reasonable opportunity to defend against such claim in its own name or the name of the Fund.