Common use of Indemnification by Xxxxxxxxx Clause in Contracts

Indemnification by Xxxxxxxxx. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless the Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund caused by the negligence, bad faith or willful misconduct of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.

Appears in 6 contracts

Samples: Custody Agreement (Hamilton Lane Private Secondary Fund), Custody Agreement (Variant Alternative Lending Fund), Custody Agreement (Variant Alternative Lending Fund)

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Indemnification by Xxxxxxxxx. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless the Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund caused by the negligence, bad faith negligence or willful misconduct of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.

Appears in 5 contracts

Samples: Custody Agreement (Felicitas Private Markets Fund), Custody Agreement (List Income Opportunities Fund), Custody Agreement (Felicitas Private Markets Fund)

Indemnification by Xxxxxxxxx. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless the Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such the Fund caused by the negligence, bad faith or willful misconduct of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.

Appears in 3 contracts

Samples: Custody Agreement (Alti Private Equity Access & Commitments Fund), Custody Agreement (StepStone Private Infrastructure Fund), Custody Agreement (Stepstone Private Credit Fund LLC)

Indemnification by Xxxxxxxxx. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless the Fund from all losses, damages damages, and expenses (including reasonable attorneys’ fees, with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund caused by the gross negligence, bad faith faith, or willful misconduct of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.

Appears in 3 contracts

Samples: Custody Agreement (Versus Capital Multi-Manager Real Estate Income Fund LLC), Custody Agreement (Versus Capital Infrastructure Income Fund), Custody Agreement (Versus Capital Real Assets Fund LLC)

Indemnification by Xxxxxxxxx. Subject to the limitations set forth in this Agreement, the Custodian Xxxxxxxxx agrees to indemnify and hold harmless the Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund caused by the gross negligence, bad faith or willful misconduct of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.

Appears in 2 contracts

Samples: Custody Agreement (Privacore PCAAM Alternative Income Fund), Custody Agreement (Privacore PCAAM Alternative Growth Fund)

Indemnification by Xxxxxxxxx. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless the Fund from all losses, damages and expenses (including reasonable attorneys’ fees with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such the Fund caused by the negligence, bad faith or willful misconduct of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.

Appears in 1 contract

Samples: Custody Agreement (Carlyle AlpInvest Private Markets Fund)

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Indemnification by Xxxxxxxxx. Subject to the limitations set forth in this Agreement, the Custodian agrees to indemnify and hold harmless the relevant Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund caused by the negligence, bad faith negligence or willful misconduct of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.

Appears in 1 contract

Samples: Custody Agreement (USQ Core Real Estate Fund)

Indemnification by Xxxxxxxxx. Subject to the limitations set forth in this AgreementAgreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless the each Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund caused by the negligence, bad faith negligence or willful misconduct misfeasance of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.

Appears in 1 contract

Samples: Custody Agreement (American Growth Fund Inc)

Indemnification by Xxxxxxxxx. Subject to the limitations set forth in this Agreement, the Custodian Xxxxxxxxx agrees to indemnify and hold harmless the Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in the proviso of Section 6(a)) suffered or incurred by each such the Fund caused by (i) a material breach of this Agreement by Custodian; the gross negligence, bad faith faith, or willful misconduct of Custodian; or (iii) the reckless regard of Custodian or the Custodian’s reckless disregard of its duties under this Agreement.

Appears in 1 contract

Samples: Custody Agreement (Gladstone Alternative Income Fund)

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