Common use of Indemnification of the Fund Clause in Contracts

Indemnification of the Fund. Investors 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 Investors. In the event of the threat or institution of any such litigation or legal proceedings against the Fund, Investors 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, Investors 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 Investors, or to Investors by a director, officer, or employee of the Fund who is not an interested person of Investors, unless the information so supplied or omitted was available to Investors or the Fund's investment adviser without recourse to the Fund or any such interested person of the Fund.

Appears in 7 contracts

Samples: Underwriting and Distribution Agreement (Fortis Advantage Portfolios Inc), Underwriting and Distribution Agreement (Fortis Money Portfolios Inc), Underwriting and Distribution Agreement (Fortis Advantage Portfolios Inc)

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Indemnification of the Fund. Investors Securities 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 InvestorsSecurities. In the event of the threat or institution of any such litigation or legal proceedings against the Fund, Investors Securities 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, Investors Securities 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 InvestorsSecurities, or to Investors Securities by a director, officer, or employee of the Fund who is not an interested person of InvestorsSecurities, unless the information so supplied or omitted was available to Investors Securities or the Fund's ’s investment adviser without recourse to the Fund or any such interested person of the Fund.

Appears in 2 contracts

Samples: Underwriting and Distribution Agreement (Sit Mutual Funds Ii Inc), Underwriting and Distribution Agreement (Sit Mutual Funds Inc)

Indemnification of the Fund. Investors 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 Investors. In the event of the threat or institution of any such litigation or legal proceedings against the Fund, Investors 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, that Investors 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, by or as the a result of the omission to supply information by, the Fund to Investors, or to Investors by a director, officer, or employee of the Fund who is not an interested person of Investors, unless the information so supplied or omitted was available to Investors or the Fund's investment adviser without recourse to the Fund or any such interested person of the Fund.

Appears in 2 contracts

Samples: Underwriting and Distribution Agreement (Fortis Series Fund Inc), Underwriting and Distribution Agreement (Fortis Series Fund Inc)

Indemnification of the Fund. Investors agrees to indemnify indemnity 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 Investors. In the event of the threat or institution of any such litigation or legal proceedings against the Fund, Investors 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, Investors 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 Investors, or to Investors by a director, officer, or employee of the Fund who is not an interested person of Investors, unless the information so supplied or omitted was available to Investors or the Fund's investment adviser without recourse to the Fund or any such interested person of the Fund.

Appears in 1 contract

Samples: Underwriting and Distribution Agreement (Fortis Income Portfolios Inc)

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Indemnification of the Fund. Investors Securities 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 InvestorsSecurities. In the event of the threat or institution of any such litigation or legal proceedings against the Fund, Investors Securities 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, Investors Securities 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 InvestorsSecurities, or to Investors Securities by a director, officer, or employee of the Fund who is not an interested person of InvestorsSecurities, unless the information so supplied or omitted was available to Investors Securities or the Fund's investment adviser without recourse to the Fund or any such interested person of the Fund.

Appears in 1 contract

Samples: Underwriting and Distribution Agreement (Sit Mutual Funds Inc)

Indemnification of the Fund. Investors 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 Investors. In the event of the threat or institution of any such litigation or legal proceedings against the Fund, Investors 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, Investors 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 Investors, or to Investors by a director, officer, or employee of the Fund who is not an interested person of Investors, unless the information so so-supplied or omitted was available to Investors or the Fund's investment adviser without recourse to the Fund or any such interested person of the Fund.

Appears in 1 contract

Samples: Underwriting and Distribution Agreement (Fortis Worldwide Portfolios Inc)

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