Common use of SECURITY OF TERMINAL Clause in Contracts

SECURITY OF TERMINAL. In the event that Company subscribes to the POL*ARIS Service, Company shall be fully responsible for the security of its Connecting terminal(s), access thereto and the proper and authorized use thereof, and Company's initiation and application of continuing effective safeguards. In this connection, except for any instance involving Custodian's own negligence, willful misconduct or bad faith, and in addition to any other undertakings by Company in this Agreement, Company agrees to defend and indemnify Custodian and to hold Custodian harmless from and against any and all suits, actions, proceedings at law or in equity, claims (groundless or otherwise), liabilities, losses, damages, payments, settlements, penalties, fines, costs (including fees and disbursements of counsel selected by Custodian) and every other expense of every nature asserted against or incurred by Custodian as a result of any improper or unauthorized use of such terminal(s) whether on the premises of Company, an Investment Adviser, or the agent of either; but not including Custodian or any agent thereof.

SECURITY OF TERMINAL. In the event that Company subscribes to the POL*ARIS Service, Company shall be fully responsible for the security of its Connecting connecting terminal(s), access thereto and the proper and authorized use thereof, thereof and Company's initiation and application of continuing effective safeguards. In this connection, except for any instance involving Custodian's own negligence, willful misconduct negligence or bad faithmisconduct, and in addition to any other undertakings by Company in this Agreement, Company agrees to defend and indemnify Custodian and to hold Custodian harmless from and against any and all third party suits, actions, proceedings at law or in equity, claims (groundless or otherwise), liabilities, losses, damages, payments, settlements, penalties, fines, costs (including fees and disbursements of counsel selected by Custodian) and every other expense of every nature asserted against or incurred by Custodian as a result of any improper or unauthorized use of such terminal(s) ), whether on the premises of Company, an Investment Adviser, or the agent of either; but not including Custodian or any agent thereof.

SECURITY OF TERMINAL. In the event that Company subscribes to the POL*ARIS Service, Company shall be fully responsible for the security of its Connecting terminal(s), access thereto and the proper and authorized use thereof, and Company's initiation and application of continuing effective safeguards. In this connection, except for any instance involving Custodian's own negligence, willful misconduct or bad faith, and in addition to any other undertakings by Company in this Agreement, Company agrees to defend and indemnify Custodian and to hold Custodian harmless from and against any and all suits, actions, proceedings at law or in equity, claims (groundless or otherwise), liabilities, losses, damages, payments, settlements, penalties, fines, costs (including fees and disbursements of counsel selected by Custodian) and every other expense of every nature asserted against or incurred by Custodian as a result of any improper or unauthorized use of such terminal(s) whether on the premises of Company, an Investment AdviserAdvisor, or the agent of either; but not including Custodian or any agent thereof.