Common use of Indemnification of Service Provider Clause in Contracts

Indemnification of Service Provider. The Trusts will indemnify Service Provider against, and hold Service Provider harmless from, all losses, claims, damages, liabilities or expenses (including reasonable fees and disbursements of counsel) arising out of: (i) the material breach by the Trusts of any of their obligations under this Agreement; (ii) the willful misfeasance, bad faith, or gross negligence of the Trusts, its officers, employees or agents (other than the Service Provider, to the extent the Service Provider could be deemed an agent of the Trusts) in the performance of the Trusts’ duties or obligations under this Agreement; or (iii) the reckless disregard by the Trusts, their officers, employees, or agents (other than the Service Provider, to the extent the Service Provider could be deemed an agent of the Trusts) of the Trusts’ duties and obligations under this Agreement.

Indemnification of Service Provider. The Trusts Trust will indemnify Service Provider against, and hold Service Provider harmless from, all losses, claims, damages, liabilities or expenses (including reasonable fees and disbursements of counsel) arising out of: (i) the material breach by the Trusts Trust of any of their its obligations under this Agreement; (ii) the willful misfeasance, bad faith, or gross negligence of the TrustsTrust, its officers, employees or agents (other than the Service Provider, to the extent the Service Provider could be deemed an agent of the TrustsTrust) in the performance of the Trusts’ Trust’s duties or obligations under this Agreement; or (iii) the reckless disregard by the TrustsTrust, their its officers, employees, or agents (other than the Service Provider, to the extent the Service Provider could be deemed an agent of the TrustsTrust) of the Trusts’ Trust’s duties and obligations under this Agreement.