Indemnification by the Trust. 9.4(a). The Trust agrees to indemnify and hold harmless the Company and its directors and officers 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 9.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:
Appears in 39 contracts
Samples: Fund Participation Agreement (Horace Mann Life Insurance Co Separate Account), Fund Participation Agreement (Protective NY COLI VUL), Fund Participation Agreement (Horace Mann Life Insurance Co Separate Account)
Indemnification by the Trust. 9.4(a). The Trust agrees to indemnify and hold harmless the Company and its directors and officers 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 9.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:
Appears in 15 contracts
Samples: Fund Participation Agreement (Protective COLI VUL), Fund Participation Agreement (Prudential Variable Contract Account Gi-2), Fund Participation Agreement (Jefferson National Life Annuity Account G)
Indemnification by the Trust. 9.4(a). The Trust agrees to indemnify and hold harmless the Company and its directors and officers 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 9.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:
Appears in 6 contracts
Samples: Fund Participation Agreement (Massachusetts Mutual Variable Life Separate Account I), Fund Participation Agreement (Jpmorgan Insurance Trust), Fund Participation Agreement (Jpmorgan Insurance Trust)
Indemnification by the Trust. 9.4(a7.4(a). The Trust agrees to indemnify and hold harmless the Company and its directors and officers 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 9.47.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:
Appears in 3 contracts
Samples: Participation Agreement (PFL Retirement Builder Variable Annuity Account), Participation Agreement (One Group Investment Trust), Fund Participation Agreement (One Group Investment Trust)
Indemnification by the Trust. 9.4(a). (a) The Trust agrees to indemnify and hold harmless the Company Company, and each of its directors and officers 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 9.45.3) 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 (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:or
Appears in 2 contracts
Samples: Participation Agreement (Ag Separate Account A), Participation Agreement (A G Separate Account A)
Indemnification by the Trust. 9.4(a). The Trust agrees to indemnify and hold harmless the Company Society and its directors and officers and each person, if any, who controls the Company Society within the meaning of Section 15 of the 1933 Act (hereinafter collectively, the "“Indemnified Parties" ” and individually, "“Indemnified Party," ” for purposes of this Section 9.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:
Appears in 1 contract
Samples: Fund Participation Agreement (Modern Woodmen of America Variable Annuity Account)
Indemnification by the Trust. 9.4(a). The Trust agrees to indemnify and hold harmless the Company and its directors and officers 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 9.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:
Appears in 1 contract
Samples: Fund Participation Agreement (Principal Life Insurance Co Variable Life Sep Account)
Indemnification by the Trust. 9.4(a9.3(a). The Trust Adviser agrees to indemnify and hold harmless the Company and its directors and officers 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 9.49.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the TrustAdviser) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:
Appears in 1 contract
Samples: Fund Participation Agreement (Fkla Variable Annuity Separate Account)
Indemnification by the Trust. 9.4(a8.4(a). The Trust agrees to indemnify and hold harmless the Company and its directors and officers 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 9.48.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:
Appears in 1 contract
Samples: Fund Participation Agreement (Delaware Life Variable Account F)
Indemnification by the Trust. 9.4(a7.4(a). The Trust agrees to indemnify and hold harmless the Company and its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (hereinafter collectively, the "Indemnified indemnified Parties" ” and individually, "“Indemnified Party," ” for purposes of this Section 9.47.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:
Appears in 1 contract
Samples: Participation Agreement (One Group Investment Trust)
Indemnification by the Trust. 9.4(a8.4(a). The Trust agrees to indemnify and hold harmless the Company and its directors and officers 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 9.48.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:
Appears in 1 contract
Samples: Fund Participation Agreement (Sun Life of Canada (US) Variable Account K)
Indemnification by the Trust. 9.4(a7.4(a). The Trust agrees to indemnify and hold harmless the Company and its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (hereinafter thereinafter collectively, the "Indemnified indemnified Parties" and individually, "Indemnified Party," for purposes of this Section 9.47.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Trust) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:
Appears in 1 contract
Samples: Participation Agreement (Hartford Life Insurance Co Separate Account Seven)
Indemnification by the Trust. 9.4(a). (a) The Trust agrees to indemnify and hold harmless the Company Company, and each of its directors and officers 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 9.45.3) 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 (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:settlements result from the gross negligence, bad faith or willful
Appears in 1 contract
