Indemnity by the Service Provider. The Service Provider will indemnify the Client, its officers, directors, employees and representatives (each, also an “Indemnitee”) for, and will defend and hold each Indemnitee harmless from, all Losses arising out of a third party claim and relating to Service Provider’s bad faith, willful misfeasance, negligence or reckless disregard in the performance of its duties hereunder, provided, however, the liability of Service Provider for any Loss is subject to the limitations set forth in clause 6 hereof.
Appears in 3 contracts
Samples: Services Agreement (Horizons ETF Trust), Services Agreement (Huntington Strategy Shares), Services Agreement (Exchange Traded Concepts Trust II)
Indemnity by the Service Provider. The Service Provider will shall indemnify the Client, Client and its officers, directors, employees and representatives (each, also an “Indemnitee”) for, and will defend and hold each Indemnitee harmless from, all Losses arising out of a third party claim and relating to Service Provider’s bad faith, willful misfeasance, negligence or reckless disregard in the performance of its duties hereunder; except any Losses resulting from the bad faith, providedwillful misfeasance, however, negligence or reckless disregard of the liability of Service Provider for any Loss is subject to the limitations set forth in clause 6 hereofClient or its representatives.
Appears in 3 contracts
Samples: Transfer Agency Services Agreement (Mirae Asset Discovery Funds), Services Agreement (Mirae Asset Discovery Funds), Services Agreement (Mirae Asset Discovery Funds)
Indemnity by the Service Provider. The Service Provider will shall indemnify the Client, Client and its officers, directors, employees and representatives (each, also an “Indemnitee”) for, and will defend and hold each Indemnitee harmless from, all Losses arising out of a third party claim and relating to Service Provider’s bad faith, willful misfeasance, gross negligence or reckless disregard in the performance of its duties hereunder; except any Losses resulting from the willful default, provided, however, fraud or gross negligence of the liability of Service Provider for any Loss is subject to the limitations set forth in clause 6 hereofClient or its representatives.
Appears in 2 contracts
Samples: Principal Financial Officer Agreement (Mirae Asset Discovery Funds), Principal Financial Officer Agreement (Mirae Asset Discovery Funds)