Common use of Liability of the Client to the Custodian Clause in Contracts

Liability of the Client to the Custodian. The Client agrees to: (i) indemnify the Custodian for all losses, liabilities, claims, debts, actions, costs, damages, Taxes, fees and expenses (including properly incurred 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 the Custody Terms or arising from or in connection with the Custodian’s appointment or performance under the Custody Terms; 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.

Liability of the Client to the Custodian. The Client agrees to: (i) indemnify the Custodian for all losses, liabilities, claims, debts, actionsdemands, costs, damages, Taxes, fees fees, charges and expenses (including properly incurred 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 the Custody Terms this Agreement or arising from or in connection with the Custodian’s 's appointment or performance under the Custody Termsthis 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 (in either case) 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.