Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to GFS’s refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s lack of good faith, gross negligence, willful misconduct or reckless disregard of its duties with respect to GFS’s performance under or in connection with this Agreement.
Appears in 47 contracts
Samples: Fund Services Agreement (Arca U.S. Treasury Fund), Fund Services Agreement (Advisorone Funds), Fund Services Agreement (Americafirst Quantitative Funds)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant counsel fees, payments, expenses and liability arising out of or attributable to GFS’s ’ refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s ’ lack of good faith, gross negligence, negligence or willful misconduct or reckless disregard of its duties with respect to GFS’s ’ performance under or in connection with this Agreement.
Appears in 43 contracts
Samples: Administration Service Agreement (Northern Lights Variable Trust), Transfer Agency Service Agreement (Merit Advisors Investment Trust), Transfer Agency Service Agreement (Northern Lights Fund Trust)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant counsel fees, payments, expenses and liability arising out of or attributable attributed to GFS’s ’ refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s ’ lack of good faith, gross negligence, negligence or willful misconduct or reckless disregard of its duties with respect to GFS’s ’ performance under or in connection with this Agreement.
Appears in 23 contracts
Samples: Fund Accounting Service Agreement (Northern Lights Variable Trust), Fund Accounting Service Agreement (Miller Investment Trust), Fund Accounting Service Agreement (Northern Lights Fund Trust)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to GFS’s refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s lack of good faith, gross negligence, negligence or willful misconduct or reckless disregard of its duties with respect to GFS’s performance under or in connection with this Agreement.
Appears in 15 contracts
Samples: Fund Services Agreement (Leader Funds Trust), Etf Fund Services Agreement (Northern Lights Fund Trust Iii), Fund Services Agreement (Advisors Preferred Trust)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to GFS’s refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s lack of good faith, gross negligence, willful misconduct or reckless disregard of its duties with respect to GFS’s performance under or in connection with this Agreement.
Appears in 6 contracts
Samples: Fund Services Agreement (North Country Funds), Fund Services Agreement (Variable Insurance Trust), Fund Services Agreement (Equinox Funds Trust)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to GFS’s refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s lack of good faith, gross negligence, or willful misconduct or reckless disregard of its duties with respect to GFS’s performance under or in connection with this Agreement.
Appears in 5 contracts
Samples: Fund Services Agreement (Predex), Fund Services Agreement (CLA Strategic Allocation Fund), Fund Services Agreement (Predex)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant counsel fees, payments, expenses and liability arising out of or attributable attributed to GFS’s ’ refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s lack of ’ failure to act in good faith, gross negligence, willful misconduct or reckless disregard of its duties with respect to GFS’s ’ performance under or in connection with this Agreement.
Appears in 5 contracts
Samples: Transfer Agency Service Agreement (XTF Investors Trust), Fund Accounting Service Agreement (XTF Advisors Trust), Transfer Agency Service Agreement (XTF Advisors Trust)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant counsel fees, payments, expenses and liability arising out of or attributable to GFS’s ’ refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s ’ lack of good faith, gross negligence, negligence or willful misconduct or reckless disregard of its duties with respect to GFS’s ’ performance under or in connection with this Agreement.
Appears in 4 contracts
Samples: Transfer Agency Service Agreement (YieldQuest Funds Trust), Service Agreement (YieldQuest Funds Trust), Transfer Agency Service Agreement (YieldQuest Funds Trust)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant counsel fees, payments, expenses and liability arising out of or attributable attributed to GFS’s ' refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s ' lack of good faith, gross negligence, negligence or willful misconduct or reckless disregard of its duties with respect to GFS’s ' performance under or in connection with this Agreement.
Appears in 2 contracts
Samples: Fund Accounting Service Agreement (New River Funds), Service Agreement (Bryce Capital Funds)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each the applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to GFS’s refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s lack of good faith, gross negligence, willful misconduct or reckless disregard of its duties with respect to GFS’s performance under or in connection with this Agreement.
Appears in 2 contracts
Samples: Fund Services Agreement (Miller Investment Trust), Fund Services Agreement (Miller Investment Trust)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant counsel fees, payments, expenses and liability arising out of or attributable attributed to GFS’s ’ refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s ’ lack of good faith, gross negligence, negligence or willful misconduct or reckless disregard of its duties with respect to GFS’s ’ performance under or in connection with this Agreement.
Appears in 2 contracts
Samples: Fund Accounting Service Agreement (YieldQuest Funds Trust), Fund Accounting Service Agreement (YieldQuest Funds Trust)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant counsel fees, payments, expenses and liability arising out of or attributable to GFS’s ' refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s ' lack of good faith, gross negligence, negligence or willful misconduct or reckless disregard of its duties with respect to GFS’s ' performance under or in connection with this Agreement.
Appears in 2 contracts
Samples: Transfer Agency Service Agreement (Bryce Capital Funds), Transfer Agency Service Agreement (New River Funds)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to GFS’s 's refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s 's lack of good faith, gross negligence, willful misconduct or reckless disregard of its duties with respect to GFS’s 's performance under or in connection with this Agreement.
Appears in 1 contract
Samples: Fund Services Agreement (Central Park Group Multi-Event Fund)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable [1] Using 1982-84=100 as a base, unless otherwise noted in reports by the Bureau of Labor Statistics. to GFS’s refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s lack of good faith, gross negligence, negligence or willful misconduct or reckless disregard of its duties with respect to GFS’s performance under or in connection with this Agreement.
Appears in 1 contract
Samples: Etf Fund Services Agreement (Northern Lights Fund Trust Ii)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to GFS’s refusal taking action or failure refusing or failing to comply act in compliance with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s lack of good faith, gross negligence, willful misconduct or reckless disregard of its duties with respect to GFS’s performance under or in connection with this Agreement.
Appears in 1 contract
Samples: Fund Services Agreement (Northern Lights ETF Trust)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to GFS’s refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement Agreement, or which arise out of GFS’s lack of good faith, gross negligence, negligence or willful misconduct or reckless disregard of its duties with respect to GFS’s performance under or in connection with this Agreement.
Appears in 1 contract
Samples: Fund Services Agreement (Northern Lights Fund Trust IV)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund or Class thereof harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant counsel fees, payments, expenses and liability arising out of or attributable attributed to GFS’s refusal any action or failure or omission to comply with the terms of this Agreement, breach of any representation or warranty made act by GFS contained in this Agreement or which arise out as a result of GFS’s lack of good faith, gross negligence, negligence or willful misconduct or reckless disregard of its duties with respect to GFS’s performance the services performed under or in connection with this Agreement.
Appears in 1 contract
Samples: Transfer Agency Service Agreement (North Country Funds)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to GFS’s refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s lack of good faith, gross negligence, willful misconduct or reckless disregard of its duties with respect to GFS’s performance under or in connection with this Agreement.
Appears in 1 contract
Samples: Fund Services Agreement (CPG FrontPoint MultiStrat Fund)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant counsel fees, payments, expenses and liability arising out of or attributable to GFS’s ’ refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s lack of ’ failure to act in good faith, gross negligence, willful misconduct or reckless disregard of its duties with respect to GFS’s ’ performance under or in connection with this Agreement.
Appears in 1 contract
Samples: Administration Service Agreement (XTF Advisors Trust)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability Losses arising out of or attributable to GFS’s refusal or failure to comply with the terms of this Agreement, breach of any representation or warranty made by GFS contained in this Agreement or which arise out of GFS’s lack of good faith, gross negligence, or willful misconduct or reckless disregard of its duties with respect to GFS’s performance under or in connection with this Agreement. The Trust and each applicable Fund shall be without liability for any action reasonably taken or omitted pursuant to this Agreement.
Appears in 1 contract
Samples: Fund Services Agreement (Equinox Frontier Heritage Fund)
Indemnification of the Trust. GFS shall indemnify and hold the Trust and each applicable Fund harmless from and against any and all losses, damages, costs, charges, reasonable attorney or consultant fees, payments, expenses and liability arising out of or attributable to GFS’s refusal or failure to comply with the terms any material breach of this AgreementAgreement by GFS, including, without limitation, the breach of any representation or warranty made by GFS contained in this Agreement Agreement, or which arise out of GFS’s lack of good faith, gross negligence, willful misconduct or misconduct, reckless disregard of its duties with respect to GFS’s performance under hereunder, or in connection with this Agreementfraud.
Appears in 1 contract