Luckygold and Xx Sample Clauses

Luckygold and Xx. Xx agree to indemnify and hold harmless the QIU and each person, if any, who controls the QIU within the meaning of Section 15 of the Act or Section 20 of the Exchange Act from and against any and all losses, claims, damages, liabilities and judgments (including, without limitation, any legal or other expenses incurred in connection with investigating or defending any matter, including any action, that could give rise to such losses, claims, damages, liabilities or judgements) caused by any untrue statement or alleged untrue statement of a material fact contained in the Trust Registration Statement or the Trust Prospectus (as amended or supplemented if the Trust shall have furnished any amendments or supplements thereto) or any preliminary prospectus, or caused by (i) any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading or (ii) the QIU's activities as QIU under its engagement pursuant to Section 2 hereof, except in the case of this clause (ii) insofar as any such losses, claims, damages, liabilities or judgments are found in a final judgment by a court of competent jurisdiction, not subject to further appeal, to have resulted solely from the willful misconduct or gross negligence of the QIU, and will reimburse the QIU for any legal or other expenses reasonably incurred by such QIU in connection with investigating or defending any such loss, claim, damage, liability or judgment as such expenses are incurred, except insofar as such losses, claims, damages, liabilities or judgments are caused by any such untrue statement or omission or alleged untrue statement or omission based upon information relating to the QIU furnished in writing to the Trust by or on behalf of the QIU through you expressly for use therein.