Participating in or Assuming the Defense. The indemnifying party may participate in the defense at any time or it may assume the defense by giving notice to the other party. After assuming the defense, the indemnifying party: (1) must select an attorney that is satisfactory to the other party; (2) is not liable to the other party for any later attorney's fees or for any other later expenses that the other party incurs, except for reasonable investigation costs; (3) must not compromise or settle the action without the other party's consent (but the other party must not unreasonably withhold its consent); and (4) is not liable for any compromise or settlement made without its consent.
Appears in 66 contracts
Samples: Administration and Accounting Services Agreement (First Trust Senior Floating Rate 2022 Target Term Fund), Service Agreement (First Trust Senior Floating Rate 2022 Target Term Fund), Administration and Accounting Services Agreement (First Trust New Opportunities MLP & Energy Fund)
Participating in or Assuming the Defense. The indemnifying party may participate in the defense at any time or it may assume the defense by giving notice to the other party. After assuming the defense, the indemnifying party:
(1) must select an attorney that is satisfactory to the other party;
(2) is not liable to the other party for any later attorney's ’s fees or for any other later expenses that the other party incurs, except for reasonable investigation costs;
(3) must not compromise or settle the action without the other party's ’s consent (but the other party must not unreasonably withhold its consent); and
(4) is not liable for any compromise or settlement made without its consent.
Appears in 4 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), Custodian Services Agreement (Wilshire Variable Insurance Trust)
Participating in or Assuming the Defense. The indemnifying party may participate in the defense at any time or it may assume the defense by giving notice to the other party. After assuming the defense, the indemnifying party:
(1) must select an attorney that is satisfactory to the other partyparty (but the other party must not unreasonably withhold its consent);
(2) is not liable to the other party for any later attorney's fees or for any other later expenses that the other party incurs, except for reasonable investigation costsas approved by the indemnifying party;
(3) must not compromise or settle the action without the other party's consent (but the other party must not unreasonably withhold its consent); and
(4) is not liable for any compromise or settlement made without its consent (but the other party must not unreasonably withhold its consent).
Appears in 2 contracts
Samples: Sub Administration and Accounting Services Agreement (Highmark Funds /Ma/), Sub Administration and Accounting Services Agreement (Highmark Funds /Ma/)
Participating in or Assuming the Defense. The indemnifying party may participate in the defense at any time or it may assume the defense by giving notice to the other party. After assuming the defense, the indemnifying party:
(1) must select an attorney that is satisfactory to the other party;
(2) is not liable to the other party for any later attorney's ’s fees or for any other later expenses that the other party incurs, except for reasonable investigation costs;
(3) must not compromise or settle the action without the other party's ’s consent (but the other party must not unreasonably withhold or delay its consent); and
(4) is not liable for any compromise or settlement made without its consent.
Appears in 2 contracts
Samples: Checking and Financial Recordkeeping Services Agreement (Nassau Life Variable Universal Life Account), Checking and Financial Recordkeeping Services Agreement (Nassau Life Variable Accumulation Account)
Participating in or Assuming the Defense. The indemnifying party may participate in the defense at any time or it may assume the defense by giving notice to the other party. After assuming the defense, the indemnifying party:
: (1) must select an attorney that is satisfactory to the other party;
party (but the other party must not unreasonably withhold its consent); (2) is not liable to the other party for any later attorney's ’s fees or for any other later expenses that the other party incurs, except for reasonable investigation costs;
as approved by the indemnifying party; (3) must not compromise or settle the action without the other party's ’s consent (but the other party must not unreasonably withhold its consent); and
and (4) is not liable for any compromise or settlement made without its consent, which shall not be unreasonably withheld.
Appears in 1 contract
Participating in or Assuming the Defense. The indemnifying party may participate in the defense at any time or it may assume the defense by giving notice to the other party. After assuming the defense, the indemnifying party:
(1) : must select an attorney that is satisfactory to the other party;
(2) ; is not liable to the other party for any later attorney's fees or for any other later expenses that the other party incurs, except for reasonable investigation costs;
(3) ; must not compromise or settle the action without the other party's consent (but the other party must not unreasonably withhold its consent); and
(4) and is not liable for any compromise or settlement made without its consent.
Appears in 1 contract
Samples: Transfer Agency Services Agreement (JNL Investors Series Trust)
Participating in or Assuming the Defense. The indemnifying party may participate in the defense at any time or it may assume the defense by giving notice to the other party. After assuming the defense, the indemnifying party:
(1) must select an attorney that is satisfactory to the other party;
(2) is not liable to the other party for any later attorney's fees or for any other later expenses that the other party incurs, except for reasonable investigation costs;
(3) must not compromise or settle the action without the other party's consent (but the other party must not unreasonably withhold its consent); and
(4) is not liable for any compromise or settlement made without its consent.
Appears in 1 contract
Samples: Custodian Services Agreement (First Trust Strategic High Income Fund Iii)
Participating in or Assuming the Defense. The indemnifying party may participate in the defense at any time or it may assume the defense by giving notice to the other party. After assuming the defense, the indemnifying party:
(1) must select an attorney that is satisfactory to the other party;
(2) is not liable to the other party for any later attorney's fees or for any other later expenses that the other party incurs, except for reasonable investigation costs;
; (3) must not compromise or settle the action without the other party's consent (but the other party must not unreasonably withhold its consent); and
and (4) is not liable for any compromise or settlement made without its consent.
Appears in 1 contract
Samples: Transfer Agency Services Agreement (First Defined Portfolio Management Fund LLC)
Participating in or Assuming the Defense. The indemnifying party may participate in the defense at any time or it may assume the defense by giving notice to the other party. After assuming the defense, the indemnifying party:
(1) must select an attorney that is satisfactory to the other party;
(2) is not liable to the other party for any later attorney's fees or for any other later expenses that the other party incurs, except for reasonable investigation costs;
(3) must not compromise or settle the action without the other party's consent (but the other party must not unreasonably withhold its consent); and;
(4) is not liable for any compromise or settlement made without its consent.
Appears in 1 contract
Samples: Custodian Services Agreement (Energy Income & Growth Fund)
