Common use of Indemnity to the Custodian Clause in Contracts

Indemnity to the Custodian. The Client agrees to indemnify the Custodian and to defend and hold the Custodian harmless from all losses, costs, damages and expenses (including reasonable legal fees) and liabilities for any claims, demands or actions (each referred to as a “Loss”), incurred by the Custodian in connection with this Agreement, except any Loss resulting from the Custodian’s negligence, wilful misconduct or fraud. Under no circumstances will the Client be liable to the Custodian for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 6 contracts

Samples: Custodial Services Agreement (Forward Funds), Master Global Custodial Services Agreement (Blackstone Alternative Alpha Fund), Global Custodial Services Agreement (Boston Trust & Walden Funds)

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Indemnity to the Custodian. The Client agrees to indemnify the Custodian and to defend and hold the Custodian harmless from all losses, costs, damages and expenses (including reasonable legal fees) and liabilities for any claims, demands or actions (each referred to as a “Loss”), incurred by the Custodian in connection with this Agreement, except any Loss resulting from the Custodian’s negligence, wilful misconduct or fraud. Under no circumstances will the Client be liable to the Custodian for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 5 contracts

Samples: Custodial Services Agreement (SLR Private Credit BDC II LLC), Custodial Services Agreement (SLR Hc BDC LLC), Custodial Services Agreement (SCP Private Credit Income BDC LLC)

Indemnity to the Custodian. The Client agrees to indemnify the Custodian and to defend and hold the Custodian harmless from all losses, costs, damages and expenses (including reasonable legal fees) and liabilities for any claims, demands or actions (each referred to as a “Loss”), incurred by the Custodian in connection with this Agreement, except any Loss resulting from the Custodian’s negligence, wilful misconduct or fraud. Under no circumstances will the Client be liable to the Custodian for consequential loss or damage, including without limitation lost profits, even if advised of the possibility of such loss or damage.

Appears in 4 contracts

Samples: Custodial Services Agreement, Custodial Services Agreement (Salient MF Trust), Custodial Services Agreement (Salient Midstream & MLP Fund)

Indemnity to the Custodian. The Client agrees to indemnify the Custodian and to defend and hold the Custodian harmless from all losses, costs, damages and expenses (including reasonable legal fees) and liabilities for any claims, demands or actions (each referred to as a “Loss”), incurred by the Custodian in connection with this Agreement, except any Loss resulting from the Custodian’s negligence, wilful willful misconduct or fraud. Under no circumstances will the Client be liable to the Custodian for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 3 contracts

Samples: Custodial Services Agreement (Northern Lights Variable Trust), Custodial Services Agreement (Old Westbury Funds Inc), Global Custodial Services Agreement (Aal Variable Product Series Fund Inc)

Indemnity to the Custodian. The Client agrees to indemnify the Custodian and to defend and hold the Custodian harmless from all losses, costs, damages and expenses (including reasonable legal fees) and liabilities for any claims, demands or actions (each referred to as a "Loss"), incurred by the Custodian in connection with this Agreement, except any Loss resulting from the Custodian’s 's negligence, wilful misconduct or fraud. Under no circumstances will the Client be liable to the Custodian for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 3 contracts

Samples: Global Custodial Services Agreement (Forum Funds), Custodial Services Agreement (Wintergreen Fund, Inc.), Global Custodial Services Agreement (Forum Funds)

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Indemnity to the Custodian. The Client agrees to indemnify the Custodian and to defend and hold the Custodian harmless from all losses, costs, damages and expenses (including reasonable legal fees) and liabilities for any claims, demands or actions (each referred to as a “Loss”), incurred by the Custodian in connection with this Agreement, except any Loss resulting from the Custodian’s negligence, wilful misconduct misconduct, fraud or fraudbreach of this Agreement. Under no circumstances will the Client be liable to the Custodian for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 3 contracts

Samples: Custodial Services Agreement (KKR Series Trust), Custodial Services Agreement (KKR Alternative Corporate Opportunities Fund), Custodial Services Agreement (KKR Alternative Corporate Opportunities Fund P)

Indemnity to the Custodian. The Client agrees to indemnify the Custodian and to defend and hold the Custodian harmless from all losses, costs, damages and expenses (including reasonable legal fees) and liabilities for any claims, demands or actions (each referred to as a "Loss"), incurred by the Custodian in connection with this Agreement, except any Loss resulting from the Custodian’s 's (or its subcustodians' or administrative support providers') negligence, wilful willful misconduct or fraud. Under no circumstances will the Client be liable to the Custodian for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 2 contracts

Samples: Global Custodial Services Agreement (Cutler Trust), Global Custodial Services Agreement (Sound Shore Fund Inc)

Indemnity to the Custodian. The Client agrees to indemnify the Custodian and to defend and hold the Custodian harmless from all losses, costs, damages and expenses (including reasonable legal fees) and liabilities for any claims, demands or actions (each referred to as a “Loss”), incurred by the Custodian in connection with this Agreement, except any Loss resulting from the Custodian’s or agent of the Custodian’s negligence, wilful misconduct or fraud. Under no circumstances will the Client be liable to the Custodian for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 1 contract

Samples: Global Custodial Services Agreement (Turner Funds)

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