Trustee Compensation and Expenses. (a) The Trustee shall withdraw from the Distribution Account on each Distribution Date and pay to itself the Trustee Compensation prior to making any distributions to Certificateholders consisting of income earned on amounts on deposit in the Distribution Account.
(b) The Trustee, or any director, officer, employee or agent of the Trustee, shall be indemnified by the Trust Fund and held harmless against any loss, liability or expense (not including expenses and disbursements incurred or made by the Trustee, including the compensation and the expenses and disbursements of its agents and counsel, in the ordinary course of the Trustee’s performance in accordance with the provisions of this Agreement) incurred by the Trustee arising out of or in connection with the acceptance or administration of its obligations and duties under this Agreement, other than any loss, liability or expense (i) resulting from a breach of the Servicer’s obligations and duties under this Agreement for which the Trustee is indemnified under Section 8.05(b) or (ii) any loss, liability or expense incurred by reason of willful misfeasance, bad faith or negligence of the Trustee in the performance of its duties hereunder or by reason of the Trustee’s reckless disregard of obligations and duties hereunder or as a result of a breach of the Trustee’s obligations under Article X hereof. Any amounts payable to the Trustee or any director, officer, employee or agent of the Trustee, in respect of the indemnification provided by this Section 8.05, or pursuant to any other right of reimbursement from the Trust Fund that the Trustee or any director, officer, employee or agent of the Trustee, may have hereunder in its capacity as such, may be withdrawn by the Trustee from the Distribution Account at any time. The foregoing indemnity shall survive the resignation or removal of the Trustee.
Trustee Compensation and Expenses. The Trustee shall be entitled to reasonable compensation for its services as from time to time agreed upon between the Trustee and the Company. If the Trustee and the Company fail to agree upon a compensation, or following a Change in Control, the Trustee shall be entitled to compensation at a rate equal to the rate charged by the Trustee for similar services rendered by it during the current fiscal year for other trusts similar to this Trust. The Trustee shall be entitled to reimbursement for expenses incurred by it in the performance of its duties as the Trustee, including reasonable fees for legal counsel. The Trustee's compensation and expenses shall be paid by the Company and the Subsidiaries. The Trustee is authorized to withdraw such amounts from the Trust Fund if the Company or the Subsidiaries fail to pay them within 60 days of presentation of a statement of the amounts due.
Trustee Compensation and Expenses. SECTION 8.06
Trustee Compensation and Expenses. The Trustee shall be entitled to such compensation and fees for its services under this Agreement as shall be agreed upon from time to time with the Corporation. Likewise, the Corporation shall reimburse the Trustee for any expenses incurred by it, including, but not limited to, all proper charges and disbursements of the Trustee, and reasonable fees for legal services rendered to the Trustee (whether or not rendered in connection with a judicial or administrative proceeding). Such compensation, fees and reimbursement shall be paid to the Trustee pursuant to the terms set forth at Section 8.2 of this Agreement. The Trustee’s entitlement to compensation, fees or reimbursement hereunder shall not be affected by the resignation or removal of the Trustee or the termination of the Trust.
Trustee Compensation and Expenses. The Trustee shall be entitled to reasonable fees for services hereunder and to reimbursement for all proper costs, charges and expenses including, but not limited to, attorney fees and expenses reasonably incurred in connection herewith, which fees and all such costs, charges and expenses shall be paid from the Perpetual Care Fund or by the Grantor.
Trustee Compensation and Expenses. The Trustee shall be entitled to investment income from amounts on deposit in the Distribution Account as compensation for its services hereunder. The Trust shall reimburse the Trustee for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement (including the reasonable compensation and the expenses and disbursements of its counsel and of all persons not regularly in its employ) except any such expense, disbursement or advance as may arise from its negligence or bad faith or which is the responsibility of Certificateholders or the Trustee hereunder. In addition, the Trustee and its officers, directors, employees and agents shall be indemnified by the Trust from, and held harmless against, any and all losses, liabilities, damages, claims or expenses incurred in connection with any legal action relating to this Agreement or the Certificates, other than any loss, liability or expense incurred by reason of willful misfeasance, bad faith or negligence of the Trustee in the performance of its duties hereunder or by reason of the Trustee's reckless disregard of obligations and duties hereunder. This Section shall survive termination of this Agreement or the resignation or removal of any Trustee hereunder.
Trustee Compensation and Expenses. The Trustee shall be entitled to reasonable compensation for its services as from time to time agreed upon between the Trustee and the Company. The initial fee schedule is as set forth in Exhibit A attached hereto. The Trustee shall be entitled to additional reasonable compensation for the performance of extraordinary services, including services rendered in the event of an insolvency or for services pursuant to Section 9.3. If the Trustee and the Company fail to agree upon a compensation, the Trustee shall be entitled to compensation at a rate equal to the rate charged by the Trustee for similar services rendered by it during the current fiscal year for other trusts similar to this Trust. Subject to Section 3.7, the Trustee shall be entitled to reimbursement for expenses incurred by it in the performance of its duties as the Trustee, including reasonable fees for legal counsel. The Trustee’s compensation and expenses shall be paid by the Company. The Trustee is authorized to withdraw such amounts from the Trust Fund if the Company fails to pay them within sixty (60) days of presentation of a statement of the amounts due.
Trustee Compensation and Expenses. 19 3.10 PROFESSIONAL ADVICE. 19 3.11 PAYMENT ON COURT ORDER. 20 3.12
Trustee Compensation and Expenses. The Trustee shall be entitled to reasonable compensation for its services as from time to time agreed upon between the Trustee and the Company. Any amount received by the Trustee or any affiliate of the Trustee from any mutual fund or other investment vehicle, or any distributor or sponsor of any mutual fund or other investment vehicle including investment advisory fees, 12b-1 fees, and sub-transfer agent fees shall be applied toward the payment of such reasonable compensation and shall reduce, on a dollar-for-dollar basis, the amount owed for the performance of services under this Master Trust Agreement. If the Trustee and the Company fail to agree upon a compensation, or following a Change in Control, the Trustee shall be entitled to compensation at a rate equal to the rate charged by the Trustee for similar services rendered by it during the current fiscal year for other trusts similar to this Trust. The Trustee shall be entitled to reimbursement for reasonable expenses incurred by it in the performance of its duties as the Trustee, including reasonable fees for legal counsel, accountants and financial advisors. The Trustee's compensation and expenses shall be paid by the Company and the Subsidiaries. The Trustee is authorized to withdraw such amounts from the Trust Fund if the Company or the Subsidiaries fail to pay them within sixty (60) days of presentation of a statement of the amounts due.
Trustee Compensation and Expenses. The Trustee shall be entitled to reasonable fees for services hereunder and to reimbursement for all proper costs, charges and expenses including, but not limited to, attorney fees and expenses reasonably incurred in connection herewith, which fees and all such costs, charges, and expenses shall be paid from the Trust Fund or by the Grantor. All taxes of any kind that may be assessed, or levied against, or in respect of the Trust Fund shall be paid from the Trust Fund. Notwithstanding the foregoing, it is the express obligation of the Grantor and the Grantor agrees to pay directly to the Trustee for the benefit of the Trust Fund, on demand, any and all taxes, expenses, costs, and fees occasioned by virtue of the Trust Fund so as to maintain, according to Section 2 of this Agreement, the level, amount, and value of the Trust Fund exclusively available for the purposes for which the Trust Fund has been created, provided further, that should the Trustee utilize any portion of the Trust Fund for costs, expenses, fees, taxes, and the like, the Grantor shall forthwith add to the Trust Fund such assets as will return the Trust Fund to the level, amount, and value required by Section 2 of this Agreement, notwithstanding disbursements by the Trustee.
