Indemnification by Xxxxxx Xxxxxxx. Xxxxxx Xxxxxxx shall indemnify, defend and hold harmless Customer and its successors or assigns from and against any losses, liabilities, damages, costs or expenses (including in connection with the defense or settlement of claims; provided Xxxxxx Xxxxxxx has approved such settlement) incurred as a direct result of the activities of Xxxxxx Xxxxxxx or its affiliates, provided, further, that the act, omission, conduct or activity giving rise to the claim for indemnification was the result of bad faith, misconduct or negligence of Xxxxxx Xxxxxxx or its affiliates.
Appears in 9 contracts
Samples: Customer Agreement (Morgan Stanley Dean Witter Charter Millburn Lp), Customer Agreement (Morgan Stanley Dean Witter Charter Grahm Lp), Commodity Futures Customer Agreement (DWFCM International Access Fund Lp)
Indemnification by Xxxxxx Xxxxxxx. Xxxxxx Xxxxxxx shall indemnify, defend and hold harmless Customer and its successors or assigns from and against any losses, liabilities, damages, costs or expenses (including in connection with the defense or settlement of claims; provided PROVIDED Xxxxxx Xxxxxxx has approved such settlement) incurred as a direct result of the activities of Xxxxxx Xxxxxxx or its affiliates, providedPROVIDED, furtherFURTHER, that the act, omission, conduct or activity giving rise to the claim for indemnification was the result of bad faith, misconduct or negligence of Xxxxxx Xxxxxxx or its affiliates.
Appears in 5 contracts
Samples: Commodity Futures Customer Agreement (Dean Witter Spectrum Global Balanced Lp), Commodity Futures Customer Agreement (Morgan Stanley Dean Witter Spectrum Select Lp), Commodity Futures Customer Agreement (Witter Dean Spectrum Strategic Lp)
Indemnification by Xxxxxx Xxxxxxx. Xxxxxx Xxxxxxx shall indemnify, defend and hold harmless Customer and its successors or assigns from and against any losses, liabilities, damages, costs or and expenses (including in connection with the defense or settlement of claims; provided Xxxxxx Xxxxxxx has approved such settlement) incurred as a direct result of the activities of Xxxxxx Xxxxxxx or its affiliates, provided, further, provided that the act, omission, conduct conduct, or activity giving rise to the claim for indemnification was the result of bad faith, misconduct or negligence of Xxxxxx Xxxxxxx or its affiliatesnegligence.
Appears in 2 contracts
Samples: Commodity Futures Customer Agreement (Morgan Stanley Tangible Asset Fund L P), Commodity Futures Customer Agreement (Morgan Stanley Tangible Asset Fund L P)
Indemnification by Xxxxxx Xxxxxxx. Xxxxxx Xxxxxxx shall indemnify, defend and hold harmless the Customer and its successors or assigns from and against any losses, liabilities, damages, costs or expenses (including in connection with the defense or settlement of claims; provided Xxxxxx Xxxxxxx has approved such settlement) incurred as a direct result of the activities of Xxxxxx Xxxxxxx or its affiliates, provided, further, that the act, omission, conduct or activity giving rise to the claim for indemnification was the result of bad faith, misconduct or negligence of Xxxxxx Xxxxxxx or its affiliates.
Appears in 1 contract
Samples: Commodity Futures Customer Agreement (Columbia Futures Fund)
Indemnification by Xxxxxx Xxxxxxx. Xxxxxx Xxxxxxx shall indemnify, defend and hold harmless Customer and its successors or assigns from and against any losses, liabilities, damages, costs or expenses (including in connection with the defense or settlement of claims; provided Xxxxxx Xxxxxxx has approved such settlement) incurred as a direct result of the activities of Xxxxxx Xxxxxxx or its affiliates, provided, further, further that the act, omission, conduct or activity giving rise to the claim for indemnification was the result of bad faith, misconduct or negligence of Xxxxxx Xxxxxxx or its affiliates.
Appears in 1 contract
Samples: Commodity Futures Customer Agreement (Witter Dean Diversified Futures Fund Iii L P)
