Indemnification Determinations. Indemnification of an Indemnified Person pursuant to Section 8.4 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Indemnified Person was not liable by reason of Disabling Conduct or (b) in the absence of such a determination, a majority of
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Samples: Agreement and Declaration of Trust (New Perspective Fund), Agreement and Declaration of Trust (American Funds Tax-Exempt Fund of New York), Agreement and Declaration of Trust (Limited Term Tax Exempt Bond Fund of America)