To be indemnified. Subject always to clause 5(a) above, the Client agrees to indemnify and hold harmless the Custodian and its employees, officers and directors from any cost, liability, expense and loss which may be suffered or incurred by the Custodian or any such person by reason of the Custodian's proper performance of its obligations or duties hereunder other than due to failure to exercise care in the performance of the Custodian's duties hereunder and other than tax on the Custodian's overall income or profits and other than costs, liabilities, expenses and losses incurred by the Custodian as a result of its fraud, or wilful misconduct.
To be indemnified. The Manager agrees that it will indemnify and hold harmless BNYM and its employees, officers and directors from any and all reasonable costs, liabilities and expenses resulting directly or indirectly from the fact that BNYM or its employees, officers and directors of BNYM acting on behalf of BNYM have acted hereunder as agent of the Fund in accordance with Authorised Instructions, except in the case of negligence, intentional failure or in the event such indemnification would be contrary to mandatory provisions in the Directive or Other Dutch Laws.
To be indemnified. Provided that the Operator, its servants and employees shall use diligence and care in carrying out their duties hereunder, neither it nor any of its servants and employees shall be liable for any damage to persons or property arising out of any information, advice or service supplied to the Authority or act performed for the Authority or otherwise in the course of its duties hereunder. The Authority shall indemnify the Operator and every such person against all claims, demands, losses, liabilities, actions, lawsuits, costs and expenses arising directly or indirectly out of or in consequence thereof or in the implementation of this Contract. PROVIDED THAT the Authority may require the Operator to take out public liability insurance in the joint names of the Operator and the Authority in which event insurance premiums paid by the Operator under this Clause shall be treated and included as reimbursable expenses in the invoice of the Operator referred to in Clause 8.8.4 of the Contract.
To be indemnified. Provided that the Operator, their servants and employees shall use diligence and care in carrying out their duties hereunder, neither they nor any of their servants and employees shall be liable for any damage to persons or property arising out of any information, advice or service supplied to the Authority or act performed for the Authority or otherwise in the course of their duties hereunder. The Authority shall indemnify the Operator and every such person against all claims, demands, losses, liabilities, actions, lawsuits, costs and expenses arising directly or indirectly out of or in consequence thereof or in the implementation of this Contract.
