Common use of INDEMNITIES AND LIMITATION OF LIABILITY Clause in Contracts

INDEMNITIES AND LIMITATION OF LIABILITY. 16.1. In addition to the indemnification provisions contained in this Agreement, Principal agrees to indemnify, defend and hold harmless Custodian and its affiliates providing services under this Agreement, including their respective officers, directors, agents and employees from all taxes, charges, expenses, assessments, claims and liabilities including, without limitation, reasonable attorneys' fees and disbursements and liabilities ("Claims") arising directly or indirectly from any action or omission to act which Custodian takes in connection with the provision of services to Principal. Neither Custodian, nor any of its affiliates, shall be indemnified against any liability (or any expenses incident to such liability) caused by Custodian’s or its affiliates' own willful misfeasance, bad faith, gross negligence or reckless disregard in the performance of Custodian's or its affiliates' activities under this Agreement. The provisions of this Paragraph 15 shall survive termination of this Agreement.

Appears in 6 contracts

Samples: Global Custody Agreement (CLA Strategic Allocation Fund), Global Custody Agreement (BlueArc Multi-Strategy Fund), Global Custody Agreement (Forefront Income Trust)

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INDEMNITIES AND LIMITATION OF LIABILITY. 16.1. 16.1 In addition to the indemnification provisions contained in this Agreement, Principal agrees to indemnify, defend and hold harmless Custodian and its affiliates providing services under this Agreement, including their respective officers, directors, agents and employees from all taxes, charges, expenses, assessments, claims and liabilities including, without limitation, reasonable attorneys' fees and disbursements and liabilities ("Claims") arising directly or indirectly from any action or omission to act which Custodian takes in connection with the provision of services to Principal. Neither Notwithstanding the foregoing, neither Custodian, nor any of its affiliates, shall be indemnified against any liability (or any expenses incident to such liability) caused by Custodian’s or its affiliates' own willful misfeasance, bad faith, gross negligence or reckless disregard in the performance of Custodian's or its affiliates' activities under this Agreement. The provisions of this Paragraph 15 16 shall survive termination of this Agreement.

Appears in 3 contracts

Samples: Global Custody Agreement (Advisorone Funds), Global Custody Agreement (Advisorone Funds), Global Custody Agreement (Advisorone Funds)

INDEMNITIES AND LIMITATION OF LIABILITY. 16.1. 16.1 In addition to the indemnification provisions contained in this Agreement, Principal agrees to indemnify, defend and hold harmless Custodian and its affiliates providing services under this Agreement, including their respective officers, directors, agents and employees from all taxes, charges, expenses, assessments, claims and liabilities including, without limitation, reasonable attorneys' fees and disbursements and liabilities ("Claims") arising directly or indirectly from any action or omission to act which Custodian takes in connection with the provision of services to Principal. Neither Custodian, nor any of its affiliates, shall be indemnified against any liability (or any expenses incident to such liability) caused by Custodian’s 's or its affiliates' own willful misfeasance, bad faith, gross negligence or reckless disregard in the performance of Custodian's or its affiliates' activities under this Agreement. The provisions of this Paragraph 15 shall survive termination of this Agreement.

Appears in 2 contracts

Samples: Custodian Agreement (First Pacific Mutual Fund Inc /Hi/), Custodian Agreement (First Pacific Mutual Fund Inc /Hi/)

INDEMNITIES AND LIMITATION OF LIABILITY. 16.1. 16.1 In addition to the indemnification provisions contained elsewhere in this Agreement, Principal agrees to indemnify, defend and hold harmless Custodian and its affiliates providing services under this Agreement, including their respective officers, directors, agents and employees from all taxes, charges, expenses, assessments, claims and liabilities including, without limitation, reasonable attorneys' fees and disbursements and liabilities ("Claims") arising directly or indirectly from any action or omission to act which Custodian takes in connection with the provision of services to Principal. Neither Custodian, nor any of its affiliates, shall be indemnified against any liability (or any expenses incident to such liability) caused by Custodian’s or its affiliates' own willful misfeasance, bad faith, gross negligence or reckless disregard in the performance of Custodian's ’s or its affiliates' activities under this Agreement. The provisions of this Paragraph 15 16 shall survive termination of this Agreement.

Appears in 2 contracts

Samples: Global Custody Agreement (CPG JP Morgan Alternative Strategies Fund, LLC), Global Custody Agreement (CPG FrontPoint MultiStrat Fund)

INDEMNITIES AND LIMITATION OF LIABILITY. 16.1. 16.1 In addition to the indemnification provisions contained in this Agreement, Principal agrees to indemnify, defend and hold harmless Custodian and its affiliates providing services under this Agreement, including their respective officers, directors, agents and employees from all taxes, charges, expenses, assessments, claims and liabilities including, without limitation, reasonable attorneys' fees and disbursements and liabilities ("Claims") arising directly or indirectly from any action or omission to act which Custodian takes in connection with the provision of services to Principal. Neither Custodian, nor any of its affiliates, shall be indemnified against any liability (or any expenses incident to such liability) caused by Custodian’s or its affiliates' own willful misfeasance, bad faith, gross negligence or reckless disregard in the performance of Custodian's or its affiliates' activities under this Agreement. The provisions of this Paragraph 15 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Global Custody Agreement (Arrow Investments Trust)

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INDEMNITIES AND LIMITATION OF LIABILITY. 16.1. 16.1 In addition to the indemnification provisions contained in this Agreement, Principal agrees to indemnify, defend and hold harmless Custodian and its affiliates providing services under this Agreement, including their respective officers, directors, agents and employees from all taxes, charges, expenses, assessments, claims and liabilities including, without limitation, reasonable attorneys' fees and disbursements and liabilities ("Claims") arising directly or indirectly from any action or omission to act which Custodian takes in connection with the provision of services to Principal. Neither Custodian, nor any of its affiliates, shall be indemnified against any liability (or any expenses incident to such liability) caused by Custodian’s or its affiliates' own willful misfeasance, bad faith, gross negligence or reckless disregard in the performance of Custodian's or its affiliates' activities under this Agreement. The provisions of this Paragraph 15 16 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Global Custody Agreement (Equinox Funds Trust)

INDEMNITIES AND LIMITATION OF LIABILITY. 16.117.1. In addition to the indemnification provisions contained in this Agreement, Principal agrees to indemnify, defend defend, and hold harmless Custodian and its affiliates providing services under this Agreement, including their respective officers, directors, agents agents, and employees from all taxes, charges, expenses, assessments, claims and liabilities including, without limitation, reasonable attorneys' fees fees, and disbursements and liabilities ("Claims") arising directly or indirectly from any action or omission to act which Custodian takes in connection with the provision of services to Principal. Neither Custodian, nor any of its affiliates, shall be indemnified against any liability (or any expenses incident to such liability) caused by Custodian’s or its affiliates' own willful misfeasance, bad faith, gross negligence or reckless disregard in the performance of Custodian's or its affiliates' activities under this Agreement. The provisions of this Paragraph 15 16 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Global Custody Agreement (Frost Family of Funds)

INDEMNITIES AND LIMITATION OF LIABILITY. 16.1. In addition to the indemnification provisions contained in this Agreement, Principal agrees to indemnify, defend and hold harmless Custodian and its affiliates providing services under this Agreement, including Including their respective officers, directors, agents and employees from all taxes, charges, expenses, assessments, claims and liabilities including, without limitation, reasonable attorneys' fees and disbursements and liabilities ("Claims") arising directly or indirectly from any action or omission to act which Custodian takes in connection with the provision of services to Principal. Principal Neither Custodian, nor any of its affiliates, shall be indemnified against any liability (or any expenses incident Incident to such liability) caused by Custodian’s or its affiliates' own willful misfeasance, bad faith, gross negligence or reckless disregard in the performance of Custodian's ’s or its affiliates' activities under this Agreement. The provisions of this Paragraph 15 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Resource Credit Income Fund)

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