Indemnification by Xxxxxxxxx. The Custodian shall indemnify and hold harmless the Trust (including each Fund) from and against any and all claims, demands, losses, expenses, and liabilities of any and every nature (including reasonable attorneys’ fees) that the Trust may sustain or incur or that may be asserted against the Trust by any person arising directly or indirectly out of any action taken or omitted to be taken by the Custodian Indemnified Parties or as a result of a Custodian Indemnified Party’s refusal or failure to comply with the terms of this Agreement (or any sub-custody agreement), or from its bad faith, negligence or willful misconduct in the performance of its duties under this Agreement (or any sub-custody agreement). This indemnity shall be a continuing obligation of the Custodian, its successors and assigns, notwithstanding the termination of this Agreement. As used in this paragraph, the term “Trust” shall include each Fund and the Trust’s trustees, officers and employees.
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Indemnification by Xxxxxxxxx. The Custodian shall indemnify and hold harmless the Trust (including each Fund) Fund from and against any and all claims, demands, losses, expenses, and liabilities of any and every nature (including reasonable attorneys’ fees) that the Trust Fund may sustain or incur or that may be asserted against the Trust Fund by any person arising directly or indirectly out of any action taken or omitted to be taken by the Custodian an Indemnified Parties or Party as a result of a Custodian the Indemnified Party’s refusal or failure to comply with the terms of this Agreement (or any sub-custody agreement), or from its fraud, bad faith, negligence or willful misconduct in the performance of its duties under this Agreement (or any sub-custody agreement). This indemnity shall be a continuing obligation of the Custodian, its successors and assigns, notwithstanding the termination of this Agreement. As used in this paragraph, the term “TrustFund” shall include each Fund and the TrustFund’s trustees, officers and employees.
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Samples: Custody Agreement (First Eagle Private Credit Fund)
Indemnification by Xxxxxxxxx. The Custodian shall indemnify and hold harmless the Trust (including each Fund) Fund from and against any and all claims, demands, losses, expenses, and liabilities of any and every nature (including reasonable attorneys’ fees) that the Trust Fund may sustain or incur or that may be asserted against the Trust Fund by any person arising directly or indirectly out of any action taken or omitted to be taken by the Custodian an Indemnified Parties or Party as a result of a Custodian the Indemnified Party’s refusal or failure to comply with the terms of this Agreement (or any sub-custody agreement), or from its bad faith, negligence or willful misconduct in the performance of its duties under this Agreement (or any sub-custody agreement). This indemnity shall be a continuing obligation of the Custodian, its successors and assigns, notwithstanding the termination of this Agreement. As used in this paragraph, the term “TrustFund” shall include each Fund and the TrustFund’s trusteesTrustees, officers and employees.
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Samples: Custody Agreement (XD Fund Trust)
Indemnification by Xxxxxxxxx. The Custodian shall indemnify and hold harmless the Trust (including each Fund) Fund from and against any and all claims, demands, losses, expenses, and liabilities of any and every nature (including reasonable attorneys’ fees) that the Trust Fund may sustain or incur or that may be asserted against the Trust Fund by any person arising directly or indirectly out of any action taken or omitted to be taken by the Custodian an Indemnified Parties or Party as a result of a Custodian the Indemnified Party’s refusal or failure to comply with the terms of this Agreement (or any sub-custody agreement), or from its bad faith, negligence negligence, fraud or willful misconduct in the performance of its duties under this Agreement (or any sub-custody agreement). This indemnity shall be a continuing obligation of the Custodian, its successors and assigns, notwithstanding the termination of this Agreement. As used in this paragraph, the term “TrustFund” shall include each Fund and the TrustFund’s trustees, officers and employees.
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Indemnification by Xxxxxxxxx. The Custodian shall indemnify and hold harmless the Trust (including each Fund) Fund from and against any and all claims, demands, losses, expenses, and liabilities of any and every nature (including reasonable attorneys’ fees) that the Trust Fund may sustain or incur or that may be asserted against the Trust Fund by any person arising directly or indirectly out of any action taken or omitted to be taken by the Custodian an Indemnified Parties or Party as a result of a Custodian the Indemnified Party’s refusal or failure to comply with the terms of this Agreement (or any sub-custody agreement), or from its bad faith, gross negligence or willful misconduct in the performance of its duties under this Agreement (or any sub-custody agreement). This indemnity shall be a continuing obligation of the Custodian, its successors and assigns, notwithstanding the termination of this Agreement. As used in this paragraph, the term “TrustFund” shall include each Fund and the TrustFund’s trusteesdirectors, officers and employees.
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Samples: Custody Agreement (Oaktree Asset-Backed Income Private Fund Inc.)
Indemnification by Xxxxxxxxx. The Custodian shall indemnify and hold harmless the Trust (including each Fund) Fund from and against any and all claims, demands, losses, expenses, and liabilities of any and every nature (including reasonable attorneys’ fees) that the Trust Fund may sustain or incur or that may be asserted against the Trust Fund by any person person, arising directly or indirectly out of any action taken or omitted to be taken by the Custodian an Indemnified Parties or Party as a result of a Custodian the Indemnified Party’s refusal or failure to comply with the terms of this Agreement (or any sub-custody agreement), or from its bad faith, negligence negligence, fraud or willful misconduct in the performance of its duties under this Agreement (or any sub-custody agreement). This indemnity shall be a continuing obligation of the Custodian, its successors and assigns, notwithstanding the termination of this Agreement. As used in this paragraph, the term “TrustFund” shall include each Fund and the TrustFund’s trusteesdirectors, officers and employees.
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