Notice of the Action. A party that seeks indemnification under this Agreement must promptly give the other party notice of any legal action; provided, however, that a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action.
Appears in 82 contracts
Samples: Administration and Accounting Services Agreement (First Trust Variable Insurance Trust), Administration and Accounting Services Agreement (First Trust High Yield Opportunities 2027 Term Fund), Administration and Accounting Services Agreement (First Trust Senior Floating Rate 2022 Target Term Fund)
Notice of the Action. A party that seeks indemnification under this Agreement must promptly give the other party notice of any legal action; provided, however, that . But a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action.
Appears in 9 contracts
Samples: Underwriting Agreement (Highmark Funds /Ma/), Administration and Accounting Services Agreement (Tamarack Funds Trust), Sub Administration and Accounting Services Agreement (Highmark Funds /Ma/)
Notice of the Action. A party that seeks indemnification under this Agreement Section 13 must promptly give the other party notice of any legal action; provided, however, that . But a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action.
Appears in 5 contracts
Samples: Custodian Services Agreement (Roxbury Funds), Transfer Agency Services Agreement (Roxbury Funds), Transfer Agency Services Agreement (Roxbury Funds)
Notice of the Action. A party that seeks indemnification under the terms of this Agreement must promptly give the other party written notice of any legal action; provided, however, that . But a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action.
Appears in 2 contracts
Samples: Checking and Financial Recordkeeping Services Agreement (Nassau Life Variable Accumulation Account), Checking and Financial Recordkeeping Services Agreement (Nassau Life Variable Universal Life Account)
Notice of the Action. A party that seeks indemnification under this Agreement Section 12(a), or 12(b) must promptly give the other party notice of any legal action; provided, however, that . However a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action.
Appears in 1 contract
Samples: Custodian Services Agreement (Wilshire Variable Insurance Trust)
Notice of the Action. A party that seeks indemnification under this Agreement must promptly give the other party written notice of any legal action; provided, however, that but a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action.
Appears in 1 contract
Samples: Transfer Agency Services Agreement (JNL Investors Series Trust)
