Indemnification of Trust. (a) The Distributor covenants and agrees that it will indemnify and hold harmless the Trust and each of its Trustees and officers and each person, if any, who controls the Trust within the meaning of Section 15 of the 1933 Act, against any loss, liability, damages, claim or expense (including the reasonable cost of investigating or defending any alleged loss, liability, damages, claim or expense and reasonable counsel fees and disbursements incurred in connection therewith) arising out of or based upon any Disqualifying Conduct by Distributor in connection with the offering and sale of any Shares.
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Samples: Etf Distribution Agreement (360 Funds), Etf Distribution Agreement (Zacks Trust), Etf Distribution Agreement (Segall Bryant & Hamill Trust)
Indemnification of Trust. (a) The Distributor covenants and agrees that it will indemnify and hold harmless the Trust and each of its Trustees Directors and officers and each person, if any, who controls the Trust within the meaning of Section 15 of the 1933 Act, against any loss, liability, damages, claim or expense (including the reasonable cost of investigating or defending any alleged loss, liability, damages, claim or expense and reasonable counsel fees and disbursements incurred in connection therewith) arising out of or based upon any Disqualifying Conduct by Distributor in connection with the offering and sale of any Shares.
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Samples: Etf Distribution Agreement (Humankind Benefit Corp)