Common use of Indemnification by the Trust Clause in Contracts

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the “Indemnified Parties” for purposes of this Section 8.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation in respect thereof) or settlements, are related to the operations of the Trust and:

Appears in 16 contracts

Samples: Participation Agreement (First Investors Life Variable Annuity Fund D), Participation Agreement (First Investors Life Level Premium Variable Lif Ins Sep Ac B), Participation Agreement (First Investors Life Level Premium Variable Lif Ins Sep Ac B)

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Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees employees, or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the “Indemnified Parties” "indemnified parties" for purposes of this Section 8.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) ), or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties indemnified parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation actions in respect thereof) or settlements, settlements are related to the operations of the Trust and:

Appears in 11 contracts

Samples: Fund Participation Agreement (Allstate Life of New York Separate Account A), Participation Agreement (Allstate Life of New York Separate Account A), Agreement (Sage Life Investment Trust)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the "Indemnified Parties" for purposes of this Section 8.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation in respect thereof) or settlements, are related to the operations of the Trust and:

Appears in 8 contracts

Samples: Participation Agreement (Symetra Resource Variable Account B), Fund Participation Agreement (Corporate Sponsored Vul Separate Account I), Fund Participation Agreement (Wells Fargo Variable Trust)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws and each director, officer, employee, or agent of the foregoing (collectively, the “Indemnified Parties” "indemnified parties" for purposes of this Section 8.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) ), or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties indemnified parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation actions in respect thereof) or settlements, settlements are related to the operations of the Trust and:

Appears in 6 contracts

Samples: Participation Agreement (Wells Fargo Variable Trust), Participation Agreement (Wells Fargo Variable Trust), Participation Agreement (Wells Fargo Variable Trust)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company Companies and each of its directors, officers, employees or agents directors and officers and each person, if any, who controls or is associated with the Company Companies within the meaning of such terms under section 15 of the federal securities laws 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section section 8.3) against any and all losses, claims, expenses, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) 's Board of Trustees), or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation actions in respect thereof) or settlements, are related to the operations of the Trust and:

Appears in 4 contracts

Samples: Agreement (Select Life Variable Account), Agreement (Select Life Variable Account), Agreement (Reliastar Bankers Security Life Insurance Co)

Indemnification by the Trust. (a) A. The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the “Indemnified Parties” for purposes of this Section 8.3) Parties against any and all losses, claims, damages, liabilities liabilities, investigations or litigation (including amounts paid in settlement with the written consent of the Trust, which consent shall not be unreasonably withheld) or litigation in respect thereof expenses (including the reasonable costs of investigating or defending any alleged loss, claim, damage, liability or expense and reasonable legal and other expensescounsel fees incurred in connection therewith) (collectively, "Losses"), to which the Company Indemnified Parties may become subject under any statute, statute or regulation, or at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation in respect thereof) or settlements, Losses are related to the operations sale or acquisition of the Trust shares of the Funds or the Contracts and:

Appears in 4 contracts

Samples: Participation Agreement (Victory Variable Insurance Funds), Participation Agreement (Nyliac Variable Annuity Separate Account I), Participation Agreement (Nyliac Variable Annuity Separate Account Iv)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company Company, and each of its directors, officers, employees or agents directors and officers and each person, if any, who controls or is associated with the Company within the meaning of such terms under Section 15 of the federal securities laws 1933 Act (hereinafter collectively, the “Indemnified Parties” and individually, “Indemnified Party,” for purposes of this Section 8.37.2) against any and all losses, claims, expenses, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation actions in respect thereof) or settlements, settlements are related to the operations of the Trust and:

Appears in 3 contracts

Samples: Fund Participation Agreement (Lincoln New York Account N for Variable Annuities), Fund Participation Agreement (Lincoln Life Variable Annuity Account N), Fund Participation Agreement (Symetra Resource Variable Account B)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the "Indemnified Parties" for purposes of this Section 8.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) ), or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation in respect thereof) or settlements, are related to the operations of the Trust and:

Appears in 3 contracts

Samples: Fund Participation Agreement (American Skandia Life Assur Corp Var Acct B Cl 1 Sub Accts), Fund Participation Agreement (Pruco Life Flexible Premium Variable Annuity Account), Fund Participation Agreement (American Skandia Life Assur Corp Var Acct B Cl 1 Sub Accts)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws and any director, officer, employee or agent of the foregoing (collectively, the “Indemnified Parties” for purposes of this Section 8.37.3) against any and all losses, claims, expenses, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation action in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation actions in respect thereof) or settlements, are related to the operations of the Trust and:

Appears in 2 contracts

Samples: Participation Agreement (Federal Life Trust), Participation Agreement (Federal Life Variable Annuity Account A)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws and any director, officer, employee or agent of the foregoing (collectively, the "Indemnified Parties" for purposes of this Section 8.37.3) against any and all losses, claims, expenses, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation action in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation actions in respect thereof) or settlements, are related to the sale, acquisition, or holding of the Trust Shares or the Contracts, or operations of the Trust and:

Appears in 2 contracts

Samples: Participation Agreement (Symetra Mutual Funds Trust), Participation Agreement (Symetra Resource Variable Account B)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the "Indemnified Parties" for purposes of this Section 8.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation actions in respect thereof) or settlements, are related to the operations of the Trust and:

Appears in 2 contracts

Samples: Participation Agreement (Sun Life of Canada U S Variable Account G), Participation Agreement (Sun Life of Canada U S Variable Account I)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees employees, or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the “Indemnified Parties” "indemnified parties" for purposes of this Section 8.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) ), or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties indemnified parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation actions in respect thereof) or settlements, settlements are related to the operations of the Trust and sale or acquisition of the Trust's shares and:

Appears in 1 contract

Samples: Participation Agreement (Principal Life Insurance Co Variable Life Sep Account)

Indemnification by the Trust. (a) A. The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the “Indemnified Parties” for purposes of this Section 8.3) Parties against any and all losses, claims, damages, liabilities liabilities, investigations or litigation (including amounts paid in settlement with the written consent of the Trust, which consent shall 20 not be unreasonably withheld) or litigation in respect thereof expenses (including the reasonable costs of investigating or defending any alleged loss, claim, damage, liability or expense and reasonable legal and other expensescounsel fees incurred in connection therewith) (collectively, "Losses"), to which the Company Indemnified Parties may become subject under any statute, statute or regulation, or at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation in respect thereof) or settlements, Losses are related to the operations sale or acquisition of the Trust shares of the Funds or the Contracts and:

Appears in 1 contract

Samples: Participation Agreement (Davis Variable Account Fund Inc)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the "Indemnified Parties" for purposes of this Section 8.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation in respect thereof) or settlements, are related to the operations of the Trust and:

Appears in 1 contract

Samples: Fund Participation Agreement (American Skandia Life Assur Corp Var Acct B Cl 1 Sub Accts)

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Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws and any director, officer, employee or agent of the foregoing (collectively, the “Indemnified Parties” for purposes of this Section 8.37.3) against any and all losses, claims, expenses, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation action in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation actions in respect thereof) or settlements, are related to the sale, acquisition, or holding of the Trust Shares or the Contracts, or operations of the Trust and:

Appears in 1 contract

Samples: Participation Agreement (First Symetra National Life Insurance Co of Ny Sep Acct S)

Indemnification by the Trust. (a) A. The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the “Indemnified Parties” for purposes of this Section 8.3) Parties against any and all losses, claims, damages, liabilities liabilities, investigations or litigation (including amounts paid in settlement with the written consent of the Trust, which consent shall not be unreasonably withheld) or litigation in respect thereof expenses (including the reasonable costs of investigating or defending any alleged loss, claim, damage, liability or expense and reasonable legal and other expensescounsel fees incurred in connection therewith) (collectively, "Losses"), to which the Company Indemnified Parties may become subject under any statute, statute or regulation, or at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation in respect thereof) or settlements, Losses are related to the operations sale or acquisition of the Trust shares of the Fund or the Contracts and:

Appears in 1 contract

Samples: Participation Agreement (Corporate Sponsored Vul Separate Account I)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees employees, or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the “Indemnified Parties” "indemnified parties" for purposes of this Section 8.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) , which consent shall not be unreasonably withheld), or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties indemnified parties may become subject under any statutestatue, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation actions in respect thereof) or settlements, settlements are related to the operations of the Trust and:

Appears in 1 contract

Samples: Participation Agreement (Wells Fargo Variable Trust)

Indemnification by the Trust. (a) A. The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the “Indemnified Parties” for purposes of this Section 8.3) Parties against any and all losses, claims, damages, liabilities liabilities, investigations or litigation (including amounts paid in settlement with the written consent of the Trust, which consent shall not be unreasonably withheld) or litigation in respect thereof expenses (including the reasonable costs of investigating or defending any alleged loss, claim, damage, liability or expense and reasonable legal and other expensescounsel fees 18 incurred in connection therewith) (collectively, "Losses"), to which the Company Indemnified Parties may become subject under any statute, statute or regulation, or at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation in respect thereof) or settlements, Losses are related to the operations sale or acquisition of the Trust shares of the Funds or the Contracts and:

Appears in 1 contract

Samples: Participation Agreement (Corporate Sponsored Vul Separate Account I)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees employees, or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the “Indemnified Partiesindemnified parties” for purposes of this Section 8.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) , which consent shall not be unreasonably withheld), or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties indemnified parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation actions in respect thereof) or settlements, settlements are related to the operations of the Trust and:

Appears in 1 contract

Samples: Participation Agreement (Variable Account D of Union Security Insurance Co)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the “Indemnified Parties” for purposes of this Section 8.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) ), or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation in respect thereof) or settlements, are related to the operations of the Trust and:

Appears in 1 contract

Samples: Participation Agreement (TFLIC Separate Account VNY)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of such or its directors, officers, employees or agents and each person, if any, any who controls or is associated with the Company within the meaning of such terms term under the federal Federal securities laws (collectively, the “Indemnified Parties” for purposes of this Section 8.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation in respect thereof) or settlements, are related to the operations of the Trust and:

Appears in 1 contract

Samples: Fund Participation Agreement (Guardian Separate Acct N of the Guardian Ins & Annuity Co)

Indemnification by the Trust. (a) The Trust agrees to shall indemnify and hold harmless the Company and each of its directorssuch Company, officers, employees or agents and each person, if any, who controls or is associated with the such Company within the meaning of such terms under Section 15 of the federal securities laws 1933 Act and any director, officer, employee or agent of the foregoing (collectively, the "Indemnified Parties" for purposes of this Section 8.310.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the TrustTrust which consent may not be unreasonably withheld) or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation actions in respect thereof) or settlements, settlements are related to the operations of the Trust and:;

Appears in 1 contract

Samples: Master Participation Agreement (Hartford Life Insurance Co Separate Account Three)

Indemnification by the Trust. (a) The Trust agrees to indemnify and hold harmless the Company and each of its directors, officers, employees employees, or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the “Indemnified Parties” "indemnified parties" for purposes of this Section 8.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) , which consent shall not be unreasonably withheld), or litigation in respect thereof (including reasonable legal and other expenses) to which the Indemnified Parties indemnified parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or litigation actions in respect thereof) or settlements, settlements are related to the operations of the Trust and:

Appears in 1 contract

Samples: Participation Agreement (Wells Fargo Variable Trust)

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