Common use of Exclusion of Indemnification Clause in Contracts

Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s Disqualifying Conduct.

Appears in 100 contracts

Samples: Agreement and Declaration (PENN Capital Funds Trust), Agreement and Declaration of Trust (Franklin California Tax Free Trust), Agreement and Declaration (AIM ETF Products Trust)

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Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.

Appears in 57 contracts

Samples: Agreement and Declaration of Trust (Franklin Custodian Funds), Agreement and Declaration (Quaker Investment Trust), Agreement (Cheswold Lane Funds)

Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.. (c)

Appears in 10 contracts

Samples: Agreement and Declaration of Trust (Franklin Fund Allocator Series), Agreement and Declaration of Trust (Franklin Managed Trust), Agreement and Declaration (Oppenheimer ETF Trust)

Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust or the Shareholders, Shareholders indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.

Appears in 8 contracts

Samples: Agreement and Declaration of Trust (Franklin Templeton Strategic Income Trust), Agreement and Declaration (Franklin Templeton Limited Duration Income Trust), Agreement and Declaration of Trust (Templeton Emerging Markets Income Fund Inc)

Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s Disqualifying Conduct. In respect of any claim, issue issue, or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s Disqualifying Conduct.

Appears in 7 contracts

Samples: Agreement and Declaration of Trust (GuideMark Alternative Lending Income Fund), Agreement and Declaration (Dfa Investment Trust Co), Agreement and Declaration (AssetMark Funds II)

Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue issue, or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.

Appears in 5 contracts

Samples: Agreement And (USQ Core Real Estate Fund), Agreement and Declaration of Trust (USQ Core Real Estate Fund), Agreement and Declaration (Dimensional Emerging Markets Value Fund Inc)

Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue issue, or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust Trust, or the applicable Series thereof, or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.

Appears in 2 contracts

Samples: Agreement and Declaration (Allegiant Funds), Allegiant Advantage Funds

Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust or the Shareholders, indemnification -------------------------------------------------------------------------------- shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.

Appears in 1 contract

Samples: Agreement and Declaration (Gartmore Variable Insurance Trust Iii)

Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Disqualifying Conduct of such Agent’s Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of Disqualifying Conduct of that Person’s Disqualifying Conduct.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (SP Funds Trust)

Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s duty to the Trust or the Shareholders, Shareholders indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s Disqualifying Conduct.

Appears in 1 contract

Samples: Agreement and Declaration (Franklin LTD Duration Income Trust)

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Exclusion of Indemnification. Notwithstanding any provision to the ---------------------------- contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.

Appears in 1 contract

Samples: Agreement and Declaration (Franklin Mutual Recovery Fund)

Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s Agent’s Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s Person’s duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s Person’s Disqualifying Conduct.

Appears in 1 contract

Samples: And Restated Agreement and Declaration of Trust (Franklin High Income Trust)

Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue issue, or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.. (c)

Appears in 1 contract

Samples: Agreement and Declaration (Dfa Investment Trust Co)

Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s Agents Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s Persons duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s Persons Disqualifying Conduct.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Tiff Investment Program)

Exclusion of Indemnification. Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s 's Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s 's duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action -------------------------------------------------------------------------------- was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s 's Disqualifying Conduct.

Appears in 1 contract

Samples: Gartmore Mutual Funds Iii

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