Common use of Indemnity of Committee Clause in Contracts

Indemnity of Committee. DST Systems, Inc. indemnifies and saves harmless the Plan Administrator and the members of the Advisory Committee, and each of them, from and against any and all loss resulting from liability to which the Plan Administrator and the Advisory Committee, or the members of the Advisory Committee, may be subjected by reason of any act or conduct (except willful misconduct or gross negligence) in their official capacities in the administration of this Trust or Plan or both, including all expenses reasonably incurred in their defense, in case DST Systems, Inc. fails to provide such defense. The indemnification provisions of this Section 7.03 do not relieve the Plan Administrator or any member of the Advisory Committee from any liability he may have under ERISA for breach of a fiduciary duty. Furthermore, the Plan Administrator and the members of the Advisory Committee and DST Systems, Inc. may execute a letter agreement further delineating the indemnification agreement of this paragraph, provided the agreement must be consistent with and must not violate ERISA. The indemnification provisions of this paragraph extend to the Trustee solely to the extent provided by a letter agreement executed by the Trustee and DST Systems, Inc.

Appears in 2 contracts

Samples: Employee Stock Ownership Plan and Trust Agreement (DST Systems Inc), Employee Stock Ownership Plan and Trust Agreement (DST Systems Inc)

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Indemnity of Committee. DST Systems, Inc. The Employer indemnifies and saves harmless the Plan Administrator and the members of the Advisory Committee, and each of them, from and against any and all loss resulting from liability to which the Plan Administrator and the Advisory Committee, or the members of the Advisory Committee, may be subjected by reason of any act or conduct (except willful misconduct or gross negligence) in their official capacities in the administration of this Trust or Plan or both, including all expenses reasonably incurred in their defense, in case DST Systems, Inc. the Employer fails to provide such defense. The indemnification provisions of this Section 7.03 do not relieve the Plan Administrator or any member of the Advisory Committee member from any liability he may have under ERISA for breach of a fiduciary duty. Furthermore, the Plan Administrator and the members of the Advisory Committee members and DST Systems, Inc. the Employer may execute a letter agreement further delineating the indemnification agreement of this paragraphSection 7.03, provided the letter agreement must be consistent with and must not violate ERISA. The indemnification provisions of this paragraph Section 7.03 extend to the Trustee solely to the extent provided by a letter agreement executed by the Trustee and DST Systems, Inc.the Employer.

Appears in 1 contract

Samples: Employee Stock Ownership Plan and Trust Agreement (Fronteer Directory Company Inc)

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Indemnity of Committee. DST Systems, Inc. The Employer indemnifies and saves harmless the Plan Administrator and the members of the Advisory Committee, and each of them, from and against any and all loss resulting from liability to which the Plan Administrator and the Advisory Committee, or the members of the Advisory Committee, may be subjected by reason of any act or conduct (except willful misconduct or gross negligence) in their official capacities in the administration of this Trust or Plan or both, including all expenses reasonably incurred in their defense, in case DST Systems, Inc. the Employer fails to provide such defense. The indemnification provisions of this Section 7.03 do not relieve the Plan Administrator or any member of the Advisory Committee member from any liability he may have under ERISA for breach of a fiduciary duty. Furthermore, the Plan Administrator and the members of the Advisory Committee members and DST Systems, Inc. the Employer may execute a letter agreement further delineating the indemnification agreement of this paragraphSection 7.03, provided the letter agreement must be consistent with and must not violate ERISA. The indemnification provisions of this paragraph extend to the Trustee solely to the extent provided by a letter agreement executed by the Trustee and DST Systems, Inc.this

Appears in 1 contract

Samples: Employee Stock Ownership Plan and Trust Agreement (Liberty Bancshares Inc /Mo)

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