Common use of Fund Agent Clause in Contracts

Fund Agent. Fund Agent shall indemnify, defend and hold harmless Servicer and each of its affiliates, directors, managers, officers, employees and agents and each person who controls them within the meaning of the 1933 Act from and against any and all Losses relating to, arising out of or based upon (i) Fund Agent’s negligence, willful misconduct or violation of applicable law in the performance of its duties and obligations under this Agreement; (ii) any breach by Fund Agent of any material provision of this Agreement; (iii) any material breach by Fund Agent of a representation, warranty or covenant made by it in this Agreement; and (iv) any untrue statement of any material fact contained in the Prospectus or SAI of any Fund or any promotional material or other information furnished by Fund Agent to Servicer, in writing, for distribution to the Shareholders.