Indemnification by the Service Provider. The Service Provider shall indemnify, defend, and hold the Client and its employees, agents, directors, officers and nominees (each, also an “Indemnitee”) harmless from and against any and all losses arising out of a third party claim and relating to Service Provider’s willful misfeasance, fraud, bad faith or negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement or in the performance of the Services specified in this Agreement; except any losses resulting from the willful misfeasance, fraud, bad faith, negligence or reckless disregard of its obligations or duties by the Client or its agents (other than Service Provider).
Appears in 4 contracts
Samples: Compliance Services Agreement (Growth Capital TEI Portfolio, LLC), Compliance Services Agreement (Growth Capital Master Portfolio, LLC), Services Agreement (Growth Capital TEI Portfolio, LLC)
Indemnification by the Service Provider. The Service Provider shall indemnify, defend, and hold the Client and its employees, agents, directors, officers and nominees (each, also an “"Indemnitee”") harmless from and against any and all losses arising out of a third party claim and relating to Service Provider’s 's willful misfeasance, fraud, bad faith or negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement or in the performance of the Services specified in this Agreement; except any losses resulting from the willful misfeasance, fraud, bad faith, negligence or reckless disregard of its obligations or duties by the Client or its agents (other than Service Provider).
Appears in 2 contracts
Samples: Compliance Services Agreement (Growth Capital Portfolio, LLC), Services Agreement (Growth Capital Portfolio, LLC)