Indemnification; Liability of the Series. a. The Fund shall indemnify and hold the Custodian harmless from all liabilities and costs and expenses, including reasonable counsel fees and expenses, relating to or arising out of the performance of the Custodian’s obligations under this Agreement except to the extent resulting from the negligence or willful misconduct of the Custodian, any agent or subcustodian appointed by the Custodian or any of its or their directors, officers, agents, nominees or employees, in the performance of any functions hereunder, or any other failure to comply with the standard of care required by this Agreement. This provision shall survive the termination of this Agreement. b. The Custodian shall indemnify and hold the Fund harmless from all liabilities and costs and expenses, including reasonable counsel fees and expenses, resulting from: (i) the negligence or willful misconduct of the Custodian, any agent or subcustodian appointed by the Custodian or any of its or their directors, officers, agents, nominees or employees, in the performance of any functions hereunder, or any other failure to comply with the standard of care required by this Agreement; or (ii) any burglary, robbery, hold-up, theft, or mysterious disappearance, including loss by damage or destruction. This provision shall survive the termination of this Agreement. c. The Series and the Custodian agree that the obligations of the Fund under this Agreement shall not be binding upon any of the directors/trustees, shareholders, nominees, officers, employees or agents, whether past, present or future, of the Series, individually, but are binding only upon the Assets and other property of the Fund.
Appears in 20 contracts
Samples: Mutual Fund Custody and Services Agreement (Voyageur Mutual Funds Iii /Mn/), Mutual Fund Custody and Services Agreement (Voyageur Mutual Funds), Mutual Fund Custody and Services Agreement (Delaware Group Cash Reserve /De/)
Indemnification; Liability of the Series. a. The Fund shall indemnify and hold the Custodian harmless from all liabilities and costs and expenses, including reasonable counsel fees and expenses, relating to or arising out of the performance of the Custodian’s 's obligations under this Agreement except to the extent resulting from the negligence or willful misconduct of the Custodian, any agent or subcustodian appointed by the Custodian or any of its or their directors, officers, agents, nominees or employees, in the performance of any functions hereunder, or any other failure to comply with the standard of care required by this Agreement. This provision shall survive the termination of this Agreement.
b. The Custodian shall indemnify and hold the Fund harmless from all liabilities and costs and expenses, including reasonable counsel fees and expenses, resulting from:
(i) the negligence or willful misconduct of the Custodian, any agent or subcustodian appointed by the Custodian or any of its or their directors, officers, agents, nominees or employees, in the performance of any functions hereunder, or any other failure to comply with the standard of care required by this Agreement; or (ii) any burglary, robbery, hold-up, theft, or mysterious disappearance, including loss by damage or destruction. This provision shall survive the termination of this Agreement.
c. The Series and the Custodian agree that the obligations of the Fund under this Agreement shall not be binding upon any of the directors/trustees, shareholders, nominees, officers, employees or agents, whether past, present or future, of the Series, individually, but are binding only upon the Assets and other property of the Fund.
Appears in 12 contracts
Samples: Mutual Fund Custody and Services Agreement (Lincoln Variable Insurance Products Trust), Mutual Fund Custody and Services Agreement (Delaware Group Adviser Funds Inc /Md/), Mutual Fund Custody and Services Agreement (Voyageur Insured Funds)
Indemnification; Liability of the Series. a. The Fund shall indemnify and hold the Custodian harmless from all liabilities and costs and expenses, including reasonable counsel fees and expenses, relating to or arising out of the performance of the Custodian’s obligations under this Agreement except to the extent resulting from the negligence or willful misconduct of the Custodian, any agent or subcustodian appointed by the Custodian or any of its or their directors, officers, agents, nominees or employees, in the performance of any functions hereunder, or any other failure to comply with the standard of care required by this Agreement. This provision shall survive the termination of this Agreement.
b. The Custodian shall indemnify and hold the Fund harmless from all liabilities and costs and expenses, including reasonable counsel fees and expenses, resulting from:
: (i) the negligence or willful misconduct of the Custodian, any agent or subcustodian appointed by the Custodian or any of its or their directors, officers, agents, nominees or employees, in the performance of any functions hereunder, or any other failure to comply with the standard of care required by this Agreement; or (ii) any burglary, robbery, hold-up, theft, or mysterious disappearance, including loss by damage or destruction. This provision shall survive the termination of this Agreement.
c. The Series and the Custodian agree that the obligations of the Fund under this Agreement shall not be binding upon any of the directors/trustees, shareholders, nominees, officers, employees or agents, whether past, present or future, of the Series, individually, but are binding only upon the Assets and other property of the Fund.
Appears in 11 contracts
Samples: Mutual Fund Custody and Services Agreement (Ivy Variable Insurance Portfolios), Mutual Fund Custody and Services Agreement (Ivy Funds), Mutual Fund Custody and Services Agreement (Delaware Investments National Municipal Income Fund)
Indemnification; Liability of the Series. a. (a) The Fund shall indemnify and hold the Custodian harmless from all liabilities liability and costs and expensesexpense, including reasonable counsel fees and expenses, relating to or arising out of the performance of the Custodian’s 's obligations under this Agreement except to the extent resulting from as a result of the negligence or willful misconduct of the Custodian, any agent or subcustodian sub-custodian appointed by the Custodian Custodian, or any of its or their directors, officers, agents, nominees nominees, or employees, in the performance of any functions function hereunder, or any other failure to comply with the standard of care required by this Agreement. This provision shall survive the termination of this Agreement.
b. (b) The Custodian shall indemnify and hold the Fund harmless from all liabilities liability and costs and expensesexpense, including reasonable counsel fees and expenses, resulting from:
(i) as a result of the negligence negligent action, negligent inaction, or willful misconduct of the Custodian, any agent or subcustodian sub-custodian appointed by the Custodian Custodian, or any of its or their directors, officers, agents, nominees nominees, or employees, in the performance of any functions function hereunder, or any other failure to comply with the standard of care required by this Agreement; , or (ii) as a result of any burglary, robbery, hold-up, theft, or mysterious disappearance, including loss by damage or destruction. This provision shall survive the termination of this Agreement.
c. (c) The Series and the Custodian agree that the obligations of the Fund under this Agreement shall not be binding upon any of the directors/trusteesDirectors, Trustees, shareholders, nominees, officers, employees or agents, whether past, present or future, of the Series, individually, but are binding only upon the Assets assets and other property of the Fund.
Appears in 8 contracts
Samples: Mutual Fund Custody and Services Agreement (Voyageur Tax Free Funds), Mutual Fund Custody and Services Agreement (Delaware Investments Minnesota Municipal Income Fund Ii Inc), Mutual Fund Custody and Services Agreement (Voyageur Insured Funds)
Indemnification; Liability of the Series. a. (a) The Fund shall indemnify and hold the Custodian harmless from all liabilities liability and costs and expensesexpense, including reasonable counsel fees and expenses, relating to or arising out of the performance of the Custodian’s 's obligations under this Agreement except to the extent resulting from as a result of the negligence or willful misconduct of the Custodian, any agent or subcustodian sub-custodian appointed by the Custodian Custodian, or any of its or their directors, officers, agents, nominees nominees, or employees, in the performance of any functions function hereunder, or any other failure to comply with the standard of care required by this Agreement. This provision shall survive the termination of this Agreement.
b. (b) The Custodian shall indemnify and hold the Fund harmless from all liabilities liability and costs and expensesexpense, including reasonable counsel fees and expenses, resulting from:
(i) as a result of the negligence negligent action, negligent inaction, or willful misconduct of the Custodian, any agent or subcustodian sub-custodian appointed by the Custodian Custodian, or any of its or their directors, officers, agents, nominees nominees, or employees, in the performance of any functions function hereunder, or any other failure to comply with the standard of care required by this Agreement; , or (ii) as a result of any burglary, robbery, hold-up, theft, or mysterious disappearance, including loss by damage or destruction. This provision shall survive the termination of this Agreement.
c. (c) The Series and the Custodian agree that the obligations of the Fund under this Agreement shall not be binding upon any of the directors/trusteesDirectors, Trustees, shareholders, nominees, officers, employees or agents, whether past, present or future, of the Series, individually, but are binding only upon the Assets assets and other property of the Fund.
Appears in 6 contracts
Samples: Mutual Fund Custody and Services Agreement (Voyageur Mutual Funds Iii /Mn/), Mutual Fund Custody and Services Agreement (Delaware Pooled Trust Inc), Mutual Fund Custody and Services Agreement (Delaware Pooled Trust Inc)
Indemnification; Liability of the Series. a. The Fund shall indemnify and hold the Custodian harmless from all liabilities and costs and expenses, including reasonable counsel fees and expenses, relating to or arising out of the performance of the Custodian’s 's obligations under this Agreement except to the extent resulting from the negligence or willful misconduct of the Custodian, any agent or subcustodian appointed by the Custodian or any of its or their directors, officers, agents, nominees or employees, in the performance of any functions hereunder, or any other failure to comply with the standard of care required by this Agreement. This provision shall survive the termination of this Agreement.
b. The Custodian shall indemnify and hold the Fund harmless from all liabilities and costs and expenses, including reasonable counsel fees and expenses, resulting from:,
(i) the negligence or willful misconduct of the Custodian, any agent or subcustodian appointed by the Custodian or any of its or their directors, officers, agents, nominees or employees, in the performance of any functions hereunder, or any other failure to comply with the standard of care required by this Agreement; or (ii) any burglary, robbery, hold-up, theft, or mysterious disappearance, including loss by damage or destruction. This provision shall survive the termination of this Agreement.
c. The Series and the Custodian agree that the obligations of the Fund under this Agreement shall not be binding upon any of the directors/trustees, shareholders, nominees, officers, employees or agents, whether past, present or future, of the Series, individually, but are binding only upon the Assets and other property of the Fund.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (Lincoln Advisors Trust)
Indemnification; Liability of the Series. a. (a) The Fund shall indemnify and hold the Custodian harmless from all liabilities liability and costs and expensesexpense, including reasonable counsel fees and expenses, relating to or arising out of the performance of the Custodian’s obligations under this Agreement except to the extent resulting from as a result of the negligence or willful misconduct of the Custodian, any agent or subcustodian sub-custodian appointed by the Custodian Custodian, or any of its or their directors, officers, agents, nominees nominees, or employees, in the performance of any functions function hereunder, or any other failure to comply with the standard of care required by this Agreement. This provision shall survive the termination of this Agreement.
b. (b) The Custodian shall indemnify and hold the Fund harmless from all liabilities liability and costs and expensesexpense, including reasonable counsel fees and expenses, resulting from:
(i) as a result of the negligence negligent action, negligent inaction, or willful misconduct of the Custodian, any agent or subcustodian sub-custodian appointed by the Custodian Custodian, or any of its or their directors, officers, agents, nominees nominees, or employees, in the performance of any functions function hereunder, or any other failure to comply with the standard of care required by this Agreement; , or (ii) as a result of any burglary, robbery, hold-up, theft, or mysterious disappearance, including loss by damage or destruction. This provision shall survive the termination of this Agreement.
c. (c) The Series and the Custodian agree that the obligations of the Fund under this Agreement shall not be binding upon any of the directors/trusteesDirectors, Trustees, shareholders, nominees, officers, employees or agents, whether past, present or future, of the Series, individually, but are binding only upon the Assets assets and other property of the Fund.
Appears in 1 contract
Samples: Mutual Fund Custody and Services Agreement (Delaware Enhanced Global Dividend & Income Fund)