Indemnity Out of Deposited Property. Subject as herein expressly provided and without prejudice to any right of indemnity at law given to the Trustee, the Trustee and any director, employee, servant, agent or delegate of the Trustee shall be indemnified out of, and shall be entitled for the purpose of indemnity against any actions, costs, claims, damages, expenses or demands to which it may be put as Trustee (including as shareholder or ultimate shareholder of any Special Purpose Vehicle) and as any director, employee, servant, agent or delegate of the Trustee to have recourse to the Deposited Property or any part thereof save where such actions, costs, claims, damages, expenses or demands are occasioned by the fraud, negligence, wilful default, breach of trust, breach of this Deed, or breach of any of the other Constitutive Documents to which the Trustee is a party, the REIT Code or applicable laws and regulations by the Trustee or any director, employee or servant of the Trustee or any agent or delegate of the Trustee not appointed at the direction of the Manager and for which the Trustee is liable pursuant to this Deed. For the avoidance of doubt, the Trustee’s right of indemnity under this Clause 17.6 in respect of a matter is not lost merely because the Trustee is not entitled to a right of indemnity in respect of a separate and distinct matter.
Indemnity Out of Deposited Property. 18.9.1 Subject as herein expressly provided and without prejudice to any right of indemnity at law given to the Manager, the Manager shall be entitled for the purpose of indemnity against any actions, costs, claims, damages, expenses or demands to which it may be put as the Manager to have recourse to the Deposited Property or any part thereof, save where such action, cost, claim, damage, expense or demand is occasioned by the fraud, negligence, wilful default, breach of this Deed or other Constitutive Documents, the REIT Code or applicable laws and regulations by the Manager and any director, employee, servant, agent or delegate of the Manager.Subject to Clause 18.9.1, the Trustee shall, on demand, indemnify in full and hold harmless the Manager out of, and shall be entitled for the purpose of indemnity to have recourse to, the Deposited Property or any part thereof, from and against all and any all claims (whether or not successful, compromised or settled), actions, liabilities, demands, proceedings or judgments which may be instituted, made, threatened, alleged, asserted or established (each a “Claim”) in any jurisdiction against or otherwise involving the Manager and from all losses, costs, damages, charges or expenses (including legal expenses incurred) (each an “Expense”) which the Manager may suffer or incur from time to time (including all Expenses incurred in disputing any Claim and/or in establishing a right to be indemnified pursuant to this Clause 18 and/or in seeking advice regarding any Claim or in any way related to or in connection with this indemnity), in any case arising out of, based upon or in connection with, whether directly or indirectly, any underwriting agreement entered into by the Manager (in its capacity as manager of the Trust) as contemplated in Clause 9.2 PROVIDED THAT any such Claims or Expenses are not occasioned by fraud, negligence, wilful default, breach of this Deed, breach of any of the other Constitutive Documents to which the Manager is a party, the REIT Code, the Takeovers Code, any applicable laws and regulations and (to the extent that Listing Rules are applicable to real estate investment trusts listed on the SEHK) the Listing Rules by the Manager or any director, employee, servant, agent or delegate of the Manager. For the avoidance of doubt, the indemnity hereunder shall be limited to, and be payable solely from, the Deposited Property. G3(1)
Indemnity Out of Deposited Property. Subject as herein expressly provided and without prejudice to any right of indemnity at law given to the Trustee, the Trustee shall be entitled for the purpose of indemnity against any actions, costs, claims, damages, expenses or demands to which it may be put as Trustee to have recourse to the Deposited Property or any part thereof provided the Trustee had acted without fraud, gross negligence, wilful default, breach of this Deed or breach of trust. Nothing herein shall prejudice the obligation of the Manager to indemnify and/or reimburse the Trustee on account of the Deposited Property pursuant to the provisions of this Deed.
Indemnity Out of Deposited Property. Subject as herein expressly provided and without prejudice to any right of indemnity at law given to the Manager, the Manager shall be entitled for the purpose of indemnity against any actions, costs, claims, damages, expenses or demands to which it may be put as Manager to have recourse to the Deposited Property or any part thereof, save where such action, cost, claim, damage, expense or demand is occasioned by the fraud, gross negligence, wilful default or breach of this Deed by the Manager.
