Common use of Indemnification by Xxxxxxx Xxxxx Clause in Contracts

Indemnification by Xxxxxxx Xxxxx. Subject to the conditions set forth below, Xxxxxxx Xxxxx agrees to indemnify and hold harmless the Company, each of its directors and trustees, those of its officers who have signed the Registration Statement and each other person, if any, who controls the Company within the meaning of Section 15 of the Securities Act to the same extent as the foregoing indemnity from the Company contained in subsections (a)(i) and (a)(ii) of this Section, as incurred, but only with respect to an untrue statement or alleged untrue statement of a material fact or omission or alleged omission to state a material fact in the Registration Statement (as from time to time amended or supplemented) or in the Prospectus (as from time to time amended or supplemented), or any related preliminary prospectus, or any Application made in reliance upon or, in conformity with, written information furnished by Xxxxxxx Xxxxx expressly for use in such Registration Statement, the Prospectus or any amendment or supplement thereto, or in any related preliminary prospectus or in any of such applications.

Indemnification by Xxxxxxx Xxxxx. Subject to the conditions set forth below, Xxxxxxx Xxxxx agrees to indemnify and hold harmless the Company, each of its directors and trustees, those of its officers who have signed the Registration Statement and each other person, if any, who controls the Company within the meaning of Section 15 of the Securities Act to the same extent as the foregoing indemnity from the Company contained in subsections (a)(i) and (a)(ii) of this Section, as incurred, but only with respect to an untrue statement or alleged untrue statement of a material fact or omission or alleged omission to state a material fact in the Registration Statement (as from time to time amended or supplemented) or in the Prospectus (as from time to time amended or supplemented), or any related preliminary prospectus, or any Application made in reliance upon or, in conformity with, written information furnished by Xxxxxxx Xxxxx expressly for use in such Registration Statement, the Preliminary Prospectus or the Prospectus or any amendment or supplement thereto, or in any related preliminary prospectus or in any of such applications.