Common use of Standard of Care; Indemnification Clause in Contracts

Standard of Care; Indemnification. A. In the absence of willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreement on the part of the Administrator, the Administrator shall not be subject to liability to the Company, a Fund or to any shareholder for any act or omission in the course of, or connected with, rendering services under this Agreement. B. The Administrator agrees to indemnify the Company and each Fund with respect to any loss, liability, judgment, cost or penalty which the Company or such Fund may directly or indirectly suffer or incur as a result of a material breach by the Administrator of its standard of care set forth in Section X.A. above. The Company agrees that each Fund shall indemnify the Administrator with respect to any loss, liability, judgment, cost or penalty which the Administrator may directly or indirectly suffer or incur arising in the course of, or connected with, rendering services with respect to that Fund under this Agreement, except to the extent that such loss, liability, judgment, cost or penalty was a result of a material breach by the Administrator of its standard of care set forth in Section X.A. above.

Standard of Care; Indemnification. A. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement on the part of the Administrator, the Administrator shall not be subject to liability to the CompanyTrust, a Fund or to any shareholder for any act or omission in the course of, or connected with, rendering services under this Agreement. B. The Administrator agrees to indemnify the Company Trust and each Fund with respect to any loss, liability, judgment, cost or penalty which the Company Trust or such Fund may directly or indirectly suffer or incur as a result of a material breach by the Administrator of its standard of care set forth in Section X.A. above. The Company Trust agrees that each Fund shall indemnify the Administrator with respect to any loss, liability, judgment, cost or penalty which the Administrator may directly or indirectly suffer or incur arising in the course of, or connected with, rendering services with respect to that Fund under this Agreement, except to the extent that such loss, liability, judgment, cost or penalty was a result of a material breach by the Administrator of its standard of care set forth in Section X.A. above.

Standard of Care; Indemnification. A. In the absence of willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreement on the part of the Administrator, the Administrator shall not be subject to liability to the Company, a Fund Company or to any shareholder of the Funds or to any holder of the Shares for any act or omission in the course of, or connected with, rendering services under this Agreement. B. The Administrator agrees to indemnify the Company and each Fund with respect to any loss, liability, judgment, cost or penalty which the Company or such any Fund may directly or indirectly suffer or incur as a result of a material breach by the Administrator of its standard of care set forth in Section X.A. above. The Company agrees that each Fund shall to indemnify the Administrator with respect to any loss, liability, judgment, cost or penalty which the Administrator may directly or indirectly suffer or incur arising in the course of, or connected with, rendering services with respect to that Fund under this Agreement, except to the extent that such loss, liability, judgment, cost or penalty was a result of a material breach by the Administrator of its standard of care set forth in Section X.A. above.

Standard of Care; Indemnification. A. In The Administrator shall not be liable for any error of judgment or mistake of law or for any loss suffered by the absence of Trust or the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith, faith or negligence or reckless disregard on its part in the performance of its duties under this Agreement on the part or from reckless disregard by it of the Administrator, the Administrator shall not be subject to liability to the Company, a Fund or to any shareholder for any act or omission in the course of, or connected with, rendering services its obligations and duties under this Agreement. B. . The Administrator agrees to indemnify the Company Trust and each the Fund with respect to any loss, liability, judgment, cost or penalty which the Company Trust or such the Fund may directly or indirectly suffer or incur as a result of a material breach by the Administrator of its standard of care set forth in this Section X.A. aboveII. The Company Trust, on behalf of the Fund, agrees that each Fund shall to indemnify the Administrator with respect to any loss, liability, judgment, cost or penalty which the Administrator may directly or indirectly suffer or incur arising in the course of, or connected with, rendering services with respect to that Fund under this Agreement, except to the extent that such loss, liability, judgment, cost or penalty was a result of a material breach by the Administrator of its standard of care set forth in this Section X.A. aboveII.

Standard of Care; Indemnification. A. In the absence of willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreement on the part of the Administrator, the Administrator Adminstrator shall not be subject to liability to the Company, a Trust or to the Fund or to any shareholder holder of Fund shares for any act or omission in the course course, of, or connected with, rendering services under this Agreement. B. The Administrator agrees to indemnify the Company Trust and each the Fund with respect to any loss, liability, judgment, cost or penalty which the Company Trust or such the Fund may directly or indirectly suffer or incur as a result of a material breach by the Administrator of its standard of care set forth in Section X.A. above. The Company Trust agrees that each Fund shall to indemnify the Administrator with respect to any loss, liability, judgment, cost or penalty which the Administrator may directly or indirectly suffer or incur arising in the course of, or connected with, rendering services with respect to that Fund under this Agreement, except to the extent that such loss, liability, judgment, cost or penalty was a result of a material breach by the Administrator of its standard of care set forth in Section X.A. above.

Standard of Care; Indemnification. A. In the absence of willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreement on the part of the Administrator, the Administrator shall not be subject to liability to the Company, a Trust or to the Fund or to any shareholder holder of Fund shares for any act or omission in the course of, or connected with, rendering services under this Agreement. B. The Administrator agrees to indemnify the Company Trust and each the Fund with respect to any loss, liability, judgment, cost or penalty which the Company Trust or such the Fund may directly or indirectly suffer or incur as a result of a material breach by the Administrator of its standard of care set forth in Section X.A. above. The Company Trust agrees that each Fund shall to indemnify the Administrator with respect to any loss, liability, judgment, cost or penalty which the Administrator may directly or indirectly suffer or incur arising in the course of, or connected with, rendering services with respect to that Fund under this Agreement, except to the extent that such loss, liability, judgment, cost or penalty was a result of a material breach by the Administrator of its standard of care set forth in Section X.A. above.

Standard of Care; Indemnification. A. In the absence of willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreement on the part of the Administrator, the Administrator shall not be subject to liability to the Company, a Fund Trust or to any shareholder of the Funds or to any holder of Fund shares for any act or omission in the course of, or connected with, rendering services under this Agreement. B. The Administrator agrees to indemnify the Company Trust and each Fund with respect to any loss, liability, judgment, cost or penalty which the Company Trust or such any Fund may directly or indirectly suffer or incur as a result of a material breach by the Administrator of its standard of care set forth in Section X.A. above. The Company Trust agrees that each Fund shall to indemnify the Administrator with respect to any loss, liability, judgment, cost or penalty which the Administrator may directly or indirectly suffer or incur arising in the course of, or connected with, rendering services with respect to that Fund under this Agreement, except to the extent that such loss, liability, judgment, cost or penalty was a result of a material breach by the Administrator of its standard of care set forth in Section X.A. above.

Standard of Care; Indemnification. A. In the absence of willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreement on the part of the Administrator, the Administrator Adminstrator shall not be subject to liability to the Company, a Trust or to the Fund or to any shareholder holder of Fund shares for any act or omission in the course of, or connected with, rendering services under this Agreement. B. The Administrator agrees to indemnify the Company Trust and each the Fund with respect to any loss, liability, judgment, cost or penalty which the Company Trust or such the Fund may directly or indirectly suffer or incur as a result of a material breach by the Administrator of its standard of care set forth in Section X.A. above. The Company Trust agrees that each Fund shall to indemnify the Administrator with respect to any loss, liability, judgment, cost or penalty which the Administrator may directly or indirectly suffer or incur arising in the course of, or connected with, rendering services with respect to that Fund under this Agreement, except to the extent that such loss, liability, judgment, cost or penalty was a result of a material breach by the Administrator of its standard of care set forth in Section X.A. above.