Common use of Indemnification of Recordkeeper by Company Clause in Contracts

Indemnification of Recordkeeper by Company. The Company agrees to indemnify and hold harmless the Recordkeeper from and against any and all damages, losses, claims, fees or expenses as incurred (including expenses of investigation and fees and disbursements of counsel to the Recordkeeper) arising out of or in connection with the performance by the Recordkeeper of its duties hereunder. In the event that payment is required to be made to the Recordkeeper from the Trust Corpus, as provided in Section 13.1 hereof, or this Section 13.3, the Trustee shall promptly pay such amount and notify the Company in writing of the amount of such payment. The Company agrees that, upon receipt of such notice, it will deliver to the Trustee to be held in the Trust an amount in cash equal to any payments made from the Trust Corpus to the Recordkeeper pursuant to this Section 13.3, together with interest from the date of receipt of such notice based upon the daily average of the prime rate charged by the Trustee. The failure of the Company to transfer any such amount shall not in any way impair the Recordkeeper’s right to indemnification, reimbursement and payment pursuant to Section 13.1 hereof or this Section 13.3.

Indemnification of Recordkeeper by Company. The Company agrees to ------------------------------------------ indemnify and hold harmless the Recordkeeper from and against any and all damages, losses, claims, fees or expenses as incurred (including expenses of investigation and fees and disbursements of counsel to the Recordkeeper) arising out of or in connection with the performance by the Recordkeeper of its duties hereunder. In the event that payment is required to be made to the Recordkeeper from the Trust Corpus, as provided in Section 13.1 7.1 hereof, or this Section 13.37.10, the Trustee shall promptly pay such amount and notify the Company in writing of the amount of such payment. The Company agrees that, upon receipt of such notice, it will deliver to the Trustee to be held in the Trust an amount in cash equal to any payments made from the Trust Corpus to the Recordkeeper Trustee pursuant to this Section 13.37.10, together with interest from the date of receipt of such notice based upon the daily average of the prime rate charged by the Trustee, or its United States banking affiliate. The failure of the Company to transfer any such amount shall not in any way impair the Recordkeeper’s 's right to indemnification, reimbursement and payment pursuant to Section 13.1 7.1 hereof or this Section 13.37.10.