Trustee Indemnity. The Fund shall indemnify and save harmless the Trustees, their employees, assigns, executors, estate trustees, heirs and each of them, of, from and against any loss, expense, claim, demand, action or thing of any nature whatsoever, arising out of the performance or purported performance of their duties or responsibilities hereunder except that this indemnity shall not, in any way, extend so as to protect any Trustee with respect to any matter or thing arising out of his own dishonesty, wilful misconduct or gross negligence.
Trustee Indemnity. The Fund shall indemnify and save harmless the Trustees, and any person selected to act as a Trustee by a Party, their employees, assigns, executors, heirs and each of them, of, from and against any loss, expense, claim, demand, action or thing of any nature whatsoever, arising out of the establishment of the Trust and a Plan, and the performance or purported performance of their duties or responsibilities hereunder except that this indemnity shall not, in any way, extend so as to protect any Trustee or person selected to act as Trustee (or any of their respective employees, assigns, executors or heirs) with respect to any matter or thing arising out of his or her own dishonesty, wilful misconduct or gross negligence.
Trustee Indemnity. (1) In the execution of the trusts and powers hereof no Trustee shall be liable for any loss to the Trust Fund arising in consequence of the failure, depreciation or loss of any investments made in good faith or by reason of any act or omission made in good faith or of any other matter or thing except liability for breach of trust arising from the fraud, wilful misconduct or negligence of the Trustee who is sought to be made liable.
(2) The Settlor shall keep the Trustees (and each director, officer or employee of any corporate trustee) fully indemnified against any actions, claims, costs, demands, expenses and other liabilities whatsoever for which they shall as Trustees be or become liable by virtue of any act or event or thing whatsoever unless any such actions, claims, costs, demands, expenses and other liabilities shall be attributable to fraud, wilful misconduct or negligence on the part of the Trustee who or which is sought to be made liable save in each case (except where such actions, claims, costs, demands, expenses and other liabilities shall be attributable to fraud, wilful misconduct or negligence) to the extent that the same is capable of being discharged from the capital or income of the Trust Fund and/or any sub-trust created by a deed of appointment under the terms of this Settlement and/or any insurance policy entered into by the Trustees. In addition, the Trustees shall have the benefit of all the powers, privileges and immunities conferred upon trustees by statute or by law.
(3) Where the Trustees become aware of any matter that would or might give rise to a claim against any other third party or under any insurance policy in respect of any actions, claims, costs, demands, expenses and other liabilities whatsoever for which they shall as Trustees be or become liable by virtue of any act or event or thing whatsoever the Trustee shall promptly notify the Settlor of such a claim and the Trustees shall not settle or compromise such a claim without the prior written consent of the Settlor (such consent not to be unreasonably withheld or delayed). No liability shall arise under the indemnity given in (2) above until such claim has been discharged to the extent it is capable from the capital or income of the Trust Fund and/or any sub-trust created by deed of appointment under the terms of this Settlement and/or any insurance policy entered into by the Trustees.
Trustee Indemnity. (a) The Trustee indemnifies and will keep indemnified the Authority, the State of Western Australia and all of its departments, agencies and instrumentalities established by statute (whether expressed to be agents of the Crown or not) and all officers, servants, agents, contractors, invitees and licensees of any of them (the Indemnified Parties) from and against all claims, demands, actions, suits, proceedings, judgments, damages, costs, charges, expenses (including legal costs of defending or settling any action, claim or proceeding) and losses of any nature whatsoever whether based in contract, equity, tort or statute or any combination thereof which the Indemnified Parties (or any of them) may suffer or incur or which may at any time be brought maintained or made against them (or any of them) in respect of or in connection with any third party claim arising out of or in connection with this Deed and only provided that risk in relation to the Nominated Property has been transferred to or assumed by the Trustee in accordance with clause 7.2 of this Deed.
(b) The Trustee 's liability under this indemnity will be reduced proportionally to the extent caused or contributed to by the Indemnified Parties or their officers, servants, agents, contractors, invitees and licensees.
(c) The Parties agree to use their reasonable endeavours to cooperate with each other, at their own cost, in respect of the conduct of any defence, or the agreement of any settlement, of any third party action, suit, claim, demand or proceeding the subject of this indemnity.
(d) To the fullest extent available at law, the Trustee releases the Authority, the State of Western Australia and all of its departments, agencies and instrumentalities established by statute (whether expressed to be agents of the Crown or not) and all officers, servants, agents, contractors, invitees and licensees of any of them from and against all claims, demands, actions, suits, proceedings, judgments, damages, costs, charges, expenses (including legal costs of defending or settling any action, claim or proceeding) and losses of any nature whatsoever whether based in contract, equity, tort or statute or any combination thereof which the Trustee may suffer or incur in respect of or in connection with any of the matters referred to in clauses 9, 10, 11, 12, 13, 14 and 15 of this Deed.
(e) The Trustee acknowledges and agrees that clause 16(d) may be pleaded as an absolute bar to any relief, compensation or claim sou...
Trustee Indemnity. The Company shall indemnify, defend and hold harmless the Trustee against any and all losses, damages, liabilities, obligations, claims, demands, judgments, settlements, governmental investigations, costs and expenses of any nature whatsoever, including the reasonable fees and expenses of attorneys, accountants and consultants (collectively, “Damages”), incurred in connection with or arising from the performance of his duties under this Agreement (except for the Trustee’s gross negligence or willful misconduct). Such indemnification shall be paid as incurred and on demand, subject to an undertaking by the Trustee to repay if it is ultimately determined that he is not entitled to such indemnification. If any Trust Beneficiary shall request the Trustee to bring an action on his or her behalf, then such Trust Beneficiary shall pay in advance all the expense of prosecuting such action and shall indemnify, defend and hold harmless the Trustee against all Damages incurred in connection with such action. The Trustee shall have no obligation to commence or proceed with such suit unless he is satisfied that all necessary monies have been paid in advance for this purpose.
Trustee Indemnity. The Trustee shall be indemnified against all liabilities incurred by it as a result of any action taken or omitted in administering the Fund and shall have a lien on the Fund for such indemnity and shall not be liable for any amount to which such indemnity does not extend. This indemnity will not apply where the Trustee, or any of the Trustee's employees, acts dishonestly or with gross negligence or wilful default, or acts outside the terms of this Deed, or acts in breach of trust.
Trustee Indemnity. In the purported execution of the trusts powers and provisions hereof no Trustee shall be liable for any loss to the Trust Fund arising in consequence of the failure depreciation or loss of any investments made or retained in good faith or by reason of any mistake or omission made in good faith or of any other act omission matter or thing whatsoever except for breach of trust arising from fraud, wilful misconduct or gross negligence on the part of the Trustee who is sought to be made liable.
Trustee Indemnity. 8.1 The Beneficiary must indemnify and keep indemnified the Trustee at all times from and against any loss damage or liability (including the Trustee's internal administration costs and the cost of time and attendance of its employees) which the Trustee may suffer or incur in connection with the performance of its duties as Trustee of the Trust (including any act performed at the direction of the Beneficiary) unless the same has been committed, made or omitted by the Trustee through fraud, willful misconduct, gross negligence or a failure to use reasonable care with respect to the custody, safekeeping and physical preservation of the Trust Fund in its possession.
(a) Subject to clause 8.2(b) of this Agreement, the Trustee is indemnified out of the Trust Fund and out of the income of the Trust Fund against any loss, damage or liability suffered or incurred by the Trustee in the exercise or attempted exercise after the date of execution of this Agreement of, or as a consequence of the failure to exercise after the date of execution of this Agreement any of the trusts authorities, powers and discretions conferred on it by this Agreement by virtue of being the Trustee, except for any loss, damage or liability suffered or incurred by the Trustee through its fraud, gross
Trustee Indemnity. The parties hereby jointly and severally agree to and to hereby release and indemnify and save harmless the Trustee, Venture Law Corporation, from and against all claims, suits, demands, costs, damages and expenses which may be occasioned by reason of the Trustee's compliance in good faith with terms of this Agreement.
Trustee Indemnity
