Common use of Indemnification by the Funds Clause in Contracts

Indemnification by the Funds. (a) The Funds agree to indemnify and hold harmless the Company, and each of its directors, officers and employees and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (hereinafter collectively, the “Indemnified Parties" and individually, "Indemnified Party," for purposes of this Section 8.3) against any and all losses, clain1s, damages, liabilities (including amounts paid in settlement with the written consent of the Funds) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute (or regulation), at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements result from the gross negligence, bad faith or willful misconduct of the Board or any member thereof, and are related to the operations of the Funds and: (i) arise as a result of any material failure by the Funds to provide the services and/or furnish the materials under the terms of this Agreement; or (ii) arise out of or result from any material breach of any representation and/or warranty made by the Funds in this Agreement or arise out of or result from any other material breach of this Agreement by the Funds;

Indemnification by the Funds. (a) The Funds agree to indemnify and hold harmless the Company, and each of its directors, directors and officers and employees and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (hereinafter collectively, the “"Indemnified Parties" and individually, "Indemnified Party," for purposes of this Section 8.3) against any and all losses, clain1sclaims, damages, liabilities (including amounts paid in settlement with the written consent of the Funds) or litigation (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute (or regulation)statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements result from the gross negligence, bad faith or willful misconduct of the Board Board, or any member thereof, and are related to the operations of the Funds and: (i) arise as a result of any material failure by the Funds to provide the services and/or and furnish the materials under the terms of this Agreement; or (ii) arise out of or result from any material breach of any representation and/or warranty made by the Funds in this Agreement or arise out of or result from any other material breach of this Agreement by the Funds;

Indemnification by the Funds. (a) The Funds agree to indemnify and hold harmless the Company, and each of its directors, directors and officers and employees and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (hereinafter collectively, the “"Indemnified Parties" and individually, "Indemnified Party," for purposes of this Section 8.3) against any and all losses, clain1sclaims, damages, liabilities (including amounts paid in settlement with the written consent of the Funds) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute (or statute, regulation), at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements result from the gross negligence, bad faith or willful misconduct of the Board Board, or any member thereof, and are related to the operations of the Funds and: (i) arise as a result of any material failure by the Funds to provide the services and/or and furnish the materials under the terms of this Agreement; or (ii) arise out of or result from any material breach of any representation and/or warranty made by the Funds in this Agreement or arise out of or result from any other material breach of this Agreement by the Funds;