Liability of the Client to the Custodian. The Client agrees to (i) indemnify the Custodian for all losses, costs, damages, Taxes and expenses (including reasonable legal fees and disbursements) (each referred to as a “Loss”) incurred by the Custodian arising in connection with the Client’s failure to perform any obligation of the Client under this Agreement or arising from or in connection with the Custodian’s appointment or performance under this Agreement and (ii) defend and hold the Custodian harmless from or in connection with any Loss imposed on, incurred by, or asserted against the Custodian (directly or through any of its Agents) or otherwise arising in connection with or arising out of any claim, action or proceeding by any third party except any Loss resulting from the Custodian’s or any Agent’s failure to satisfy its obligation of due skill, care and diligence as provided in this Agreement.
Appears in 8 contracts
Samples: Custodial Services Agreement (Diameter Credit Co), Global Custodial and Agency Services Agreement (ETF Opportunities Trust), Global Custodial and Agency Services Agreement (ETF Opportunities Trust)
Liability of the Client to the Custodian. The Client agrees to (i) indemnify the Custodian for all losses, costs, damages, Taxes and expenses (including reasonable legal fees and disbursements) (each referred to as a “"Loss”") incurred by the Custodian arising in connection with the Client’s 's failure to perform any obligation of the Client under this Agreement or arising from or in connection with the Custodian’s 's appointment or performance under this Agreement and (ii) defend and hold the Custodian harmless from or in connection with any Loss imposed on, incurred by, or asserted against the Custodian (directly or through any of its Agents) or otherwise arising in connection with or arising out of any claim, action or proceeding by any third party party; except any Loss resulting from the Custodian’s 's or any Agent’s 's negligence, willful misconduct, or fraud or the failure to satisfy its obligation of due skill, care and diligence as provided in this Agreement.
Appears in 2 contracts
Samples: Global Custodial Services Agreement (Altmfx Trust), Global Custodial Services Agreement (Altx Trust)
Liability of the Client to the Custodian. The Client agrees to (i) indemnify the Custodian for all losses, costs, damages, Taxes and expenses (including reasonable legal fees and disbursements) (each referred to as a “Loss”) incurred by the Custodian arising in connection with the Client’s failure to perform any obligation of the Client its obligations under this Agreement or arising from or in connection with the Custodian’s appointment or performance under this Agreement and (ii) defend and hold the Custodian harmless from or in connection with any Loss imposed on, incurred by, or asserted against the Custodian (directly or through any of its Agents) or otherwise arising in connection with or arising out of any claim, action or proceeding by any third party except any Loss resulting from the Custodian’s or any Agent’s failure to satisfy its obligation of due skill, skill care and diligence as provided in this Agreement.
Appears in 1 contract
Samples: Global Custodial and Agency Services Agreement (Emles Trust)
Liability of the Client to the Custodian. The Client agrees to (i) indemnify the Custodian for all losses, costs, damages, Taxes and expenses (including reasonable legal fees and disbursements) (each referred to as a “"Loss”") incurred by the Custodian arising in connection with the Client’s 's failure to perform any obligation of the Client under this Agreement or arising from or in connection with the Custodian’s 's appointment or performance under this Agreement and (ii) defend and hold the Custodian harmless from or in connection with any Loss imposed on, incurred by, or asserted against the Custodian (directly or through any of its Agents) or otherwise arising in connection with or arising out of any claim, action or proceeding by any third party except any Loss resulting from the Custodian’s 's or any Agent’s 's failure to satisfy its obligation of due skill, care and diligence as provided in this Agreement.
Appears in 1 contract
Samples: Global Custodial Services Agreement (Usaa Mutual Funds Trust)
Liability of the Client to the Custodian. The Client agrees to (i) indemnify the Custodian for all losses, costs, damages, Taxes and expenses (including reasonable legal fees and disbursements) (each referred to as a “Loss”’’) incurred by the Custodian arising in connection with the Client’s failure to perform any obligation of the Client under this Agreement or arising from or in connection with the Custodian’s appointment or performance under this Agreement and (ii) defend and hold the Custodian harmless from or in connection with any Loss imposed on, incurred by, or asserted against the Custodian (directly or through any of its Agents) or otherwise arising in connection with or arising out of any claim, action or proceeding by any third party except any Loss resulting from the Custodian’s or any Agent’s failure to satisfy its obligation of due skill, care and diligence as provided in this Agreement.
Appears in 1 contract
Samples: Global Custodial and Agency Services Agreement (Timothy Plan)
Liability of the Client to the Custodian. The Client agrees to to: (i) indemnify the Custodian for all losses, costs, damages, Taxes and expenses (including reasonable legal fees and disbursements) (each referred to as a “"Loss”") incurred by the Custodian arising in connection with the Client’s 's failure to perform any obligation of the Client under this Agreement or arising from or in connection with the Custodian’s 's appointment or performance under this Agreement Agreement; and (ii) defend and hold the Custodian harmless from or in connection with any Loss imposed on, incurred by, or asserted against the Custodian (directly or through any of its Agents) or otherwise arising in connection with or arising out of any claim, action or proceeding by any third party except any Loss resulting from the Custodian’s 's or any Agent’s 's failure to satisfy its obligation of due skill, care and diligence as provided in this Agreement.
Appears in 1 contract
Samples: Global Custodial Services Agreement