Common use of Indemnification of the Fund Clause in Contracts

Indemnification of the Fund. The Underwriter agrees to indemnify the Fund against any and all litigation and other legal proceedings of any kind or nature and against any liability, judgment, cost, or penalty imposed as a result of such litigation or proceedings in any way arising out of or in connection with the sale or distribution of the shares of the Fund by the Underwriter. In the event of the threat or institution of any such litigation or legal proceedings against the Fund, the Underwriter shall defend such action on behalf of the Fund at its own expense, and shall pay any such liability, judgment, cost, or penalty resulting therefrom, whether imposed by legal authority or agreed upon by way of compromise and settlement; provided, however, the Underwriter shall not be required to pay or reimburse the Fund for any liability, judgment, cost, or penalty incurred as a result of information supplied by, or as the result of the omission to supply information by, the Fund to the Underwriter, or to the Underwriter by a director, officer, or employee of the Fund who is not an interested person of the Underwriter, unless the information so supplied or omitted was available to the Underwriter or Management without recourse to the Fund or any such person referred to above.

Indemnification of the Fund. The Underwriter Distributor agrees to indemnify the Fund against any and all litigation and other legal proceedings of any kind or nature and against any liability, judgment, cost, cost or penalty imposed as a result of such litigation or proceedings in any way arising out of or in connection with the sale or distribution of the shares Shares of the Fund by the UnderwriterDistributor. In the event of the threat or institution of any such litigation or legal proceedings against the Fund, the Underwriter Distributor shall defend such action on behalf of the Fund at its own expense, and shall pay any such liability, judgment, cost, cost or penalty resulting therefrom, whether imposed by legal authority or agreed upon by way of compromise and settlement; providedPROVIDED, howeverHOWEVER, the Underwriter Distributor shall not be required to pay or reimburse the Fund for any liability, judgment, cost, cost or penalty incurred as a result of information supplied by, or as the result of the an omission to supply information by, by the Fund to the UnderwriterDistributor, or to the Underwriter Distributor by a director, officer, officer or employee of the Fund who is not an interested person "Interested Person" of the UnderwriterDistributor (as defined in Section 2(a)(19) of the 1940 Act and their rules, regulations and releases relating thereto), unless the information so supplied or omitted was available to the Underwriter Distributor or Management the Fund's investment adviser without recourse to the Fund or any such person referred to aboveInterested Person of the Fund.

Indemnification of the Fund. The Underwriter FDCC agrees to indemnify the Fund against any and all litigation and other legal proceedings of any kind or nature and against any liability, judgment, cost, or penalty imposed as a result of such litigation or proceedings in any way arising out of or in connection with the sale or distribution of the shares of the Fund by the UnderwriterFDCC. In the event of the threat or institution of any such litigation or legal proceedings against the Fund, the Underwriter FDCC shall defend such action on behalf of the Fund at its own expense, and shall pay any such liability, judgment, cost, or penalty resulting therefrom, whether imposed by legal authority or on agreed upon by way of compromise and settlement; provided, however, the Underwriter FDCC shall not be required to pay or reimburse the Fund for any liability, judgment, cost, or penalty incurred as a result of information supplied by, or as the result of the omission to supply information by, the Fund to the Underwriter, FDCC or to the Underwriter FDCC by a director, officer, or employee of the Fund who is not an interested person of the UnderwriterFDCC, unless the information so supplied or omitted was available to FDCC or the Underwriter or Management Fund's investment adviser without recourse to the Fund or any such person referred to above.

Indemnification of the Fund. The Underwriter Distributor agrees to indemnify the Fund against any and all litigation and other legal proceedings of any kind or nature and against any liability, judgment, cost, cost or penalty imposed as a result of such litigation or proceedings in any way arising out of or in connection with the sale or distribution of the shares Shares of the Fund by the UnderwriterDistributor. In the event of the threat or institution of any such litigation or legal proceedings against the Fund, the Underwriter Distributor shall defend such action on behalf of the Fund at its own expense, and shall pay any such liability, judgment, cost, cost or penalty resulting therefrom, whether imposed by legal authority or agreed upon by way of compromise and settlement; provided, however, the Underwriter Distributor shall not be required to pay or reimburse the Fund for any liability, judgment, cost, cost or penalty incurred as a result of information supplied by, or as the result of the an omission to supply information by, by the Fund to the UnderwriterDistributor, or to the Underwriter Distributor by a director, officer, officer or employee of the Fund who is not an interested person Interested Person of the UnderwriterDistributor (as defined in Section 2(a)(19) of the Investment Company Act of 1940 and the rules, regulations and releases relating thereto), unless the information so supplied or omitted was available to the Underwriter Distributor or Management the Fund's investment adviser without recourse to the Fund or any such person referred to aboveInterested Person of the Fund.