Trustee’s Indemnity. (a) The Trustee shall indemnify the Manager, the Trust and the Investment Trusts with its own estate and not with the Trust Estate, for any legal, notarial, registration, accounting, consulting fees and expenses, taxes or third party expenses incurred directly or indirectly by the Manager, the Trust or the Investment Trusts, as applicable, as a consequence of any corporate action of the Trustee acting in its individual capacity and not as trustee of this Trust Agreement that results in a Trustee Change of Control or in a merger of the Trustee with any other Person, in its capacity as merged entity or any spinoff, sale or any other action of any nature which results in the Trustee ceasing to legally exist or in its assets, liabilities and capital being transferred to any other Person or group of Persons (the “Trustee Activities”).
Trustee’s Indemnity. Subject to clause 16.2, the Trustee indemnifies the Landholder from and against all liabilities, actions, proceedings, Claims, demands, costs, losses, damage and expenses (Losses) (excluding Consequential Loss) which may be brought against or made upon the Landholder or which the Landholder may pay, sustain or be put to by reason of or in connection with:
(a) any acts, errors or omissions of the Trustee (or its officers, employees, agents or contractors) under or in relation to this Agreement;
(b) any acts, errors or omissions of the Trustee (or its officers, employees, agents or contractors) relating to:
(i) the design, construction, testing, commissioning, operation, management, repair, maintenance or Modification of the Extension Infrastructure; or
(ii) the Modification of the Landholder Infrastructure;
Trustee’s Indemnity. The Trustee shall be entitled to be indemnified fully out of the dividends coming to his hands against all costs, charges, expenses and other liabilities properly incurred by him in the exercise of any power conferred upon him by these presents; and the Subscribers, and each of them, hereby covenant with the Trustee that in the event of the monies and securities in his hands being insufficient for that purpose, the Subscribers, and each of them, will in proportion to the amount of their respective shares and interests hold harmless and keep indemnified the Trustee of and from all loss or damage which he may sustain or be put to by reason of anything he may lawfully do in the execution of this Trust.
Trustee’s Indemnity. Trustee shall be entitled to be indemnified by the Company against all costs, charges, expenses and other liabilities properly incurred by Trustee in the exercise of any power conferred upon him by these presents.
Trustee’s Indemnity. The Trustee shall be entitled to be fully indemnified out of the dividends coming to her hands against all costs, charges, expenses, and other liabilities properly incurred by her in the exercise of any power conferred upon her by these presents; and the Beneficiary hereby covenants with the Trustee that in the event of the moneys and securities in her hands being insufficient for that purpose the Beneficiary will in proportion to the amounts of his shares and interests save harmless and keep indemnified the Trustee of and from all loss or damage which she may sustain or be put to by reason of anything she may lawfully do in the execution of this trust.
Trustee’s Indemnity. The Trustees are to be fully indemnified out of the dividends coming to their hands against all costs, charges, expenses, and other liabilities properly incurred by them in the exercise of any power conferred upon them under this Agreement or by law. The Subscribers covenant with the Trustees that, if the moneys and securities in their hands are insufficient for that purpose, the Subscribers will, in proportion to the amounts of their respective shares and interests and save harmless and keep indemnified the Trustees of and from all loss or damage which they may sustain or be put to by reason of anything they may lawfully do in the signing of this Agreement.
Trustee’s Indemnity. Except to the extent prohibited by law, the Trustee shall be held harmless and indemnified fully by the Holders against all costs, charges, expenses and other liabilities, including reasonable attorney’s fees, incurred by the Trustee in the exercise of any power conferred upon the Trustee by this Agreement or arising or relating to this Agreement (excluding actions or omissions of the Trustee in bad faith).
Trustee’s Indemnity. The Trustee shall be entitled to be indemnified fully out of the dividends coming to his hands against all costs, charges, expenses and other liabilities properly incurred by him in the exercise of any power conferred upon him by this instrument. The subscribers, and each of them, hereby covenant with the Trustee that in the event of the monies and securities in the Trustee's hands are insufficient for that purpose, the Subscribers and each of them will in proportion to the amount of their respective shares, but only to the extent of their share of any dividends or other distributions received or to be received by them with respect to shares held of formerly held by the Deja News 1995 Voting Trust Agreement Trust plus any proceeds received or to be received by them from sale of their shares held or formerly held in the Trust. indemnify and hold harmless the Trustee from and against any and all claims, losses or damages which the Trustee may incur by reason of anything the Trustee does in good faith under this Agreement in the absence of gross negligence or willful breach of this Agreement.
Trustee’s Indemnity. (1) Except to the extent the Trustee recovers under Rule 12.2(2) within such period as the Trustee considers reasonable, the Trustee will be indemnified out of the assets of the Scheme in such manner as the Trustee determines to be appropriate against all liabilities incurred by the Trustee in the proper performance of its duties and functions in relation to the Scheme and against all actions, proceedings, costs, expenses, claims and demands in respect of any matter or thing done or omitted relating to the Scheme, other than liabilities arising from:
(a) any wilful default or fraud in respect of the Scheme; or
(b) liabilities arising from any civil penalty or fine which a Trustee is required to pay under the PSA 1993, the PA 1995 or the PA 2004.
(2) Each Participating Employer shall indemnify the Trustee against all liabilities incurred by the Trustee and all actions, proceedings, costs, expenses, claims and demands arising out of the Participating Employer's failure to perform its obligations under the Scheme.
(3) To the extent necessary that the indemnity under this Rule shall be a “qualifying pension scheme indemnity provision” under the Companies Xxx 0000, this indemnity shall not cover:
(a) any liability of a director to pay:
(i) a fine imposed in criminal proceedings, or
(ii) a sum payable to a regulatory authority by way of a penalty in respect of non-compliance with any requirement of a regulatory nature (however arising); or
(b) any liability incurred by a director in defending criminal proceedings in which he is convicted.
(4) The indemnities under this Rule are given and are to be enforceable to the extent permitted by law. Each part of each of the indemnities above is separate and, if and to the extent that any part of the indemnities above is not permitted under law, it shall not affect the other parts of the indemnities.
Trustee’s Indemnity. IN the execution of the trusts and powers hereof no trustee shall be liable for any loss to the Trust Property arising in consequence of the failure depreciation or loss of any capital or investments made in good faith or by reason of any mistake or omission made in good faith or of any other matter or thing except wilful and individual fraud and wrongdoing on the part of the trustee who is sought to be made liable.
