Indemnification of GFS. The Trust shall, on behalf of each applicable Fund, indemnify and hold GFS harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to the Trust’s refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by the Trust contained in this Agreement, or which arise out of the Trust’s lack of good faith, gross negligence or willful misconduct with respect to the Trust’s performance under or in connection with this Agreement. The Trust shall also indemnify and hold GFS harmless from all reasonable actions taken by GFS hereunder in good faith without gross negligence, willful misconduct or reckless disregard of its duties.
Appears in 10 contracts
Samples: Etf Fund Services Agreement (Northern Lights Fund Trust Ii), Fund Services Agreement (Leader Funds Trust), Etf Fund Services Agreement (Northern Lights Fund Trust Iii)
Indemnification of GFS. The Trust shall, on behalf of each applicable Fund, indemnify and hold GFS harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to the Trust’s refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by the Trust contained in this Agreement, or which arise out of the Trust’s lack of good faith, gross negligence or willful misconduct with respect to the Trust’s performance under or in connection with this Agreement. The Trust shall also indemnify and hold GFS harmless from all reasonable actions and GFS shall not be liable for and shall be entitled to rely upon and may act upon information, advice, records, reports and requests generated by the Funds, the Fund’s legal counsel and the Fund’s independent accountants. GFS shall be without liability for any action reasonably taken by GFS hereunder in good faith without gross negligence, willful misconduct or reckless disregard of its dutiesomitted pursuant to this Agreement.
Appears in 8 contracts
Samples: Fund Services Agreement (Arca U.S. Treasury Fund), Fund Services Agreement (Americafirst Quantitative Funds), Fund Services Agreement (Hays Series Trust)
Indemnification of GFS. The Trust shall, on behalf of each applicable Fund, indemnify and hold GFS harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to the Trust’s refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by the Trust contained in this Agreement, or which arise out of the Trust’s lack of good faith, gross negligence or willful misconduct with respect to the Trust’s performance under or in connection with this Agreement. The Trust shall also indemnify and hold GFS harmless from all reasonable actions taken by and GFS hereunder in good faith without gross negligence, willful misconduct or reckless disregard of its duties.shall not be liable for and shall be entitled to rely
Appears in 3 contracts
Samples: Fund Services Agreement (Advisorone Funds), Fund Services Agreement (Northern Lights Fund Trust Ii), Fund Services Agreement (Mutual Fund & Variable Insurance Trust)
Indemnification of GFS. The Trust shall, on behalf of each applicable Fund, indemnify and hold GFS harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to the Trust’s refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by the Trust contained in this Agreement, or which arise out of the Trust’s lack of good faith, gross negligence or willful misconduct with respect to the Trust’s performance under or in connection with this Agreement. The Trust shall also indemnify and hold GFS harmless from all reasonable actions taken by and GFS hereunder in good faith without gross negligence, willful misconduct or reckless disregard of its duties.shall not be liable for and shall be entitled to reasonably rely
Appears in 1 contract
Indemnification of GFS. The Trust shall, on behalf of each the applicable Fund, indemnify and hold GFS harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to the Trust’s refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by the Trust contained in this Agreement, or which arise out of the Trust’s lack of good faith, gross negligence or willful misconduct with respect to the Trust’s performance under or in connection with this Agreement. The Trust shall also indemnify and hold GFS harmless from all reasonable actions and GFS shall not be liable for and shall be entitled to rely upon and may act upon information, advice, records, reports and requests generated by the Fund, the Fund’s legal counsel and the Fund’s independent accountants. GFS shall be without liability for any action reasonably taken by GFS hereunder in good faith without gross negligence, willful misconduct or reckless disregard of its dutiesomitted pursuant to this Agreement.
Appears in 1 contract
