Common use of Indemnification Not Applicable Clause in Contracts

Indemnification Not Applicable. No person required to provide indemnification under the terms of Section XII (A) or XII (B) of this Agreement shall be liable under any such section with respect to losses, claims, damages, liabilities or litigation expenses to which an Indemnified Party under any such section would otherwise be subject by reason of willful malfeasance or bad faith on the part of the Indemnified Party, or negligence in the performance of such Indemnified Party's duties to any underlying separate account or fund, as the case may be, or by reason of such Indemnified Party's reckless disregard or obligations or duties under this Agreement or to any such separate account or fund, as the case may be.

Indemnification Not Applicable. No person required to provide indemnification under the terms of Section XII (A) Sections 7.1, 7.2, 7.3, 7.4, or XII (B) 7.5 of this Agreement shall be liable under any such section with respect to any losses, claims, damages, liabilities or litigation expenses to which an Indemnified Party under any such section would otherwise be subject by reason of willful malfeasance misfeasance or bad faith on the part of the such Indemnified Party, or gross negligence in the performance of such Indemnified Party's duties to any underlying separate account the Fund or fundthe Separate Account, as the case may be, or by reason of such Indemnified Party's reckless disregard or of obligations or duties under this Agreement or to any such separate account the Fund or fundthe Separate Account, as the case may be.

Indemnification Not Applicable. No person required to provide indemnification under the terms of Section XII (A) or XII (B) of this Agreement shall be liable under any such section with respect to losses, claims, damages, liabilities or litigation expenses to which an Indemnified Party under any BDSA 03-1999 such section would otherwise be subject by reason of willful malfeasance or bad faith on the part of the Indemnified Party, or negligence in the performance of such Indemnified Party's duties to any underlying separate account or fund, as the case may be, or by reason of such Indemnified Party's reckless disregard or obligations or duties under this Agreement or to any such separate account or fund, as the case may be.

Indemnification Not Applicable. No person required to provide indemnification under the terms of Section XII (A) Sections 7.1, 7.2, 7.3, 7.4 or XII (B) 7.5 of this Agreement shall be liable under any such section with respect to any losses, claims, damages, liabilities or litigation expenses to which an Indemnified Party under any such section would otherwise be subject by reason of willful malfeasance misfeasance or bad faith on the part of the such Indemnified Party, or gross negligence in the performance of such Indemnified Party's duties to any underlying separate account the Fund or fundthe Separate Account, as the case may be, or by reason of such Indemnified Party's reckless disregard or of obligations or duties under this Agreement or to any such separate account the Fund or fundthe Separate Account, as the case may be.. 7.7