Common use of TENTH Clause in Contracts

TENTH. In absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Distributor, the Company agrees to indemnify the Distributor against any and all claims, demands, liabilities and expenses which the Distributor may incur under the Securities Act of 1933, or common law or otherwise, arising out of or based upon any alleged untrue statement of a material fact contained in any registration statement or prospectuses of the Company, or any omission to state a material fact therein, the omission of which makes any statement contained therein misleading, unless such statement or omission was made in reliance upon, and in conformity with, information furnished to the Company in connection therewith by or on behalf of the Distributor. The Distributor agrees to indemnify the Company against any and all claims, demands, liabilities and expenses which the Company may incur arising out of or based upon any act or deed of the Distributor or its sales representatives which has not been authorized by the Company in its prospectuses or in this Agreement.

TENTH. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Distributor, the Company Fund hereby agrees to indemnify the Distributor against any and all claims, demands, liabilities and expenses which the Distributor may incur under the Securities Act of 19331933 Act, or common law or otherwise, arising out of or based upon any alleged untrue statement of a material fact contained in any registration statement or prospectuses prospectus of the CompanyFund, or any omission to state a material fact therein, the omission of which makes any statement contained therein misleading, unless such statement or omission was made in reliance upon, and in conformity with, information furnished to the Company Fund in connection therewith by or on behalf of the Distributor. The Distributor agrees to indemnify the Company Fund against any and all claims, demands, liabilities and expenses which the Company Fund may incur arising out of or based upon any act or deed of the Distributor or its sales representatives which has not been authorized by the Company Fund in its prospectuses prospectus or in this Agreement.

TENTH. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Distributor, the Company agrees to indemnify the Distributor against any and all claims, demands, liabilities and expenses which the Distributor may incur under the Securities Act of 1933, or common law or otherwise, arising out of or based upon any alleged untrue statement of a material fact contained in any registration statement or prospectuses prospectus of the Company, or any omission to state a material fact therein, the omission of which makes any statement contained therein misleading, unless such statement or omission was made in reliance upon, and in conformity with, information furnished to the Company in connection therewith by or on behalf of the Distributor. The Distributor agrees to indemnify the Company against any and all claims, demands, liabilities and expenses which the Company may incur arising out of or based upon any act or deed of the Distributor or its sales representatives which has not been authorized by the Company in its prospectuses prospectus or in this Agreement.

TENTH. In absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Distributor, the Company agrees to indemnify the Distributor against any and all claims, demands, liabilities and expenses which the Distributor may incur under the Securities Act of 1933, or common law or otherwise, arising out of or based upon any alleged untrue statement of a material fact contained in any registration statement or prospectuses prospectus of the Company, or any omission to state a material fact therein, the omission of which makes any statement contained therein misleading, unless such statement or omission was made in reliance upon, and in conformity with, information furnished to the Company in connection therewith by or on behalf of the Distributor. The Distributor agrees to indemnify the Company against any and all claims, demands, liabilities and expenses which the Company may incur arising out of or based upon any act or deed of the Distributor or its sales representatives which has not been authorized by the Company in its prospectuses prospectus or in this Agreement.

TENTH. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Distributor, the Company Fund agrees to indemnify the Distributor against any and all claims, demands, liabilities and expenses which the Distributor may incur under the Securities Act of 1933, or common law or otherwise, arising out of or based upon any alleged untrue statement of a material fact contained in any registration statement or prospectuses prospectus of the CompanyFund, or any omission to state a material fact therein, the omission of which makes any statement contained therein misleading, unless such statement or omission was made in reliance upon, and in conformity with, information furnished to the Company Fund in connection therewith by or on behalf of the Distributor. The Distributor agrees to indemnify the Company Fund against any and all claims, demands, liabilities and expenses which the Company Fund may incur arising out of or based upon any act or deed of the Distributor or its sales representatives which has not been authorized by the Company Fund in its prospectuses prospectus or in this Agreement.