Indemnification of the Fund. BNY agrees to defend, indemnify and hold the Fund and its officers, directors and employees harmless from any and all Claims arising directly from the gross negligence, bad faith, reckless disregard or willful misfeasance of BNY and its affiliates in the performance of its duties hereunder. Notwithstanding the foregoing, the Fund shall not be indemnified against any Claim caused by the Fund's or the Fund's other service providers' willful misfeasance, bad faith or gross negligence.
Appears in 3 contracts
Samples: Administration and Accounting Services Agreement (First Trust Series Fund), Administration and Accounting Services Agreement (First Trust Series Fund), Administration and Accounting Services Agreement (First Trust Variable Insurance Trust)
Indemnification of the Fund. BNY agrees to defend, indemnify and hold the Fund and its officers, directors and employees harmless from any and all Claims arising directly or indirectly from the gross negligence, bad faith, reckless disregard or willful misfeasance of BNY and its affiliates in the performance of its duties hereunder. Notwithstanding the foregoing, the Fund shall not be indemnified against any Claim caused by the Fund's or the Fund's other service providers' willful misfeasance, bad faith or gross negligence.
Appears in 3 contracts
Samples: Administration and Accounting Services Agreement (First Trust MLP & Energy Income Fund), Transfer Agency Services Agreement (First Trust High Income Long/Short Fund), Administration and Accounting Services Agreement (First Trust High Income Long/Short Fund)
Indemnification of the Fund. BNY agrees to defend, indemnify and hold the Fund and its officers, directors and employees harmless from any and all Claims arising directly from the gross negligence, bad faith, reckless disregard or willful misfeasance of BNY and its affiliates in the performance of its duties hereunder. Notwithstanding the foregoing, the Fund shall not be indemnified against any Claim caused by the Fund's or the Fund's other service providers' willful misfeasance, bad faith or gross negligence.
Appears in 1 contract
Samples: Administration and Accounting Services Agreement (First Trust Energy Infrastructure Fund)
Indemnification of the Fund. BNY agrees to defend, indemnify and hold the Fund and its officers, directors and employees harmless from any and all Claims arising directly from the gross negligence, bad faith, reckless disregard or willful misfeasance of BNY and its affiliates in the performance of its duties hereunder. Notwithstanding the foregoing, the Fund shall not be indemnified against any Claim caused by the Fund's ’s or the Fund's ’s other service providers' ’ willful misfeasance, bad faith or gross negligence.
Appears in 1 contract
Samples: Administration and Accounting Services Agreement (First Trust Variable Insurance Trust)
