Common use of Indemnification by Custodian Clause in Contracts

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses suffered or incurred by each such Fund caused by the negligence or willful misfeasance of the Custodian.

Appears in 65 contracts

Samples: Custody Agreement (Security Income Fund /Ks/), Custody Agreement (World Funds Trust), Custody Agreement (Federal Life Trust)

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Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund caused by the negligence or willful misfeasance misconduct of the Custodian.

Appears in 58 contracts

Samples: Custody Agreement (Investment Managers Series Trust II), Custody Agreement (Starboard Investment Trust), Custody Agreement (Starboard Investment Trust)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund caused by the negligence negligence, bad faith or willful misfeasance misconduct of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.

Appears in 17 contracts

Samples: Custody Agreement (Pomona Investment Fund), Custody Agreement (Paramount Access Fund), Custody Agreement (Paramount Institutional Access Fund)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses suffered or incurred by each such Fund caused by the gross negligence or willful misfeasance of the Custodian.

Appears in 14 contracts

Samples: Custody Agreement (Security Equity Fund), Custody Agreement (SBL Fund), Custody Agreement (Security Equity Fund)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund caused by the negligence or willful misfeasance misconduct of the Custodian.

Appears in 12 contracts

Samples: Custody Agreement (Primark Private Equity Fund), Custody Agreement (Fairway Private Equity & Venture Capital Opportunities Fund), Custody Agreement (Bow River Capital Evergreen Fund)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses suffered or incurred by each such Fund caused by the bad faith, reckless disregard, negligence or willful misfeasance of the Custodian.

Appears in 10 contracts

Samples: Custody Agreement (Hatteras Global Private Equity Partners Master Fund, LLC), Custody Agreement (Acp Funds Trust), Custody Agreement (Hatteras Global Private Equity Partners, LLC)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses suffered or incurred by each such the Fund caused by the negligence or willful misfeasance of the Custodian.

Appears in 9 contracts

Samples: Custody Agreement (Generation Hedge Strategies Fund LLC), Custody Agreement (Builders Proloan Fund Inc), Custody Agreement (Investors Research Fund Inc)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses except for attorneys’ fees or for special, indirect, consequential or punitive damages arising under this Agreement suffered or incurred by each such Fund caused by the negligence negligence, bad faith or willful misfeasance misconduct of the Custodian or the reckless disregard of the Custodian.'s duties and obligations under this Agreement..

Appears in 6 contracts

Samples: Custody Agreement (Gottex Multi-Alternatives Master Fund), Custody Agreement (Gottex Multi-Asset Endowment Fund - II), Custody Agreement (Gottex Multi-Alternatives Fund - I)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (including attorneys’ fees) suffered or incurred by each such Fund caused by the negligence negligence, bad faith or willful misfeasance misconduct of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.

Appears in 6 contracts

Samples: Custody Agreement (CPG Carlyle Fund, LLC), Custody Agreement (CPG Vintage Access Fund, LLC), Custody Agreement (CPG Vintage Access Fund V, LLC)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses suffered or incurred by each such the Fund caused by the gross negligence or willful misfeasance of the Custodian.

Appears in 5 contracts

Samples: Administration and Agency Agreement (Elite Group of Mutual Funds), Custodian Agreement (Ct&t Funds), Custody Agreement (Dem Inc)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such the Fund caused by the negligence negligence, bad faith or willful misfeasance misconduct of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.

Appears in 5 contracts

Samples: Custody Agreement (Aspiriant Risk-Managed Capital Appreciation Fund), Custody Agreement (Keystone Private Income Fund), Custody Agreement (Corbin Multi-Strategy Fund, LLC)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses suffered or incurred by each such Fund caused by the negligence negligence, bad faith or willful misfeasance of the Custodian.

Appears in 5 contracts

Samples: Custody Agreement (Variable Insurance Funds), Custody Agreement (TFS Capital Investment Trust), Custody Agreement (Centurion Investment Trust)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses suffered or incurred by each such Fund caused by the negligence or willful misfeasance of the CustodianCustodian or any Domestic Subcustodian.

Appears in 4 contracts

Samples: Custody Agreement (Hillier Capital Management Funds Trust), Custody Agreement (Ameriprime Funds), Custody Agreement (Ameriprime Funds)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such the Fund caused by the negligence or willful misfeasance misconduct of the Custodian.

Appears in 4 contracts

Samples: Custody Agreement (FlowStone Opportunity Fund), Custody Agreement (Forum CRE Income Fund), Custody Agreement (Cresset Private Markets Opportunity Fund)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund caused by the negligence negligence, bad faith or willful misfeasance misconduct of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.

Appears in 4 contracts

Samples: Custody Agreement (Hamilton Lane Private Assets Fund), Custody Agreement (Hamilton Lane Private Assets Fund), Custody Agreement (Destiny Alternative Fund (Tax Exempt) LLC)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses suffered or incurred by each such Fund any Portfolio caused by the negligence or willful misfeasance of the Custodian.

Appears in 3 contracts

Samples: Custody Agreement (Electric City Funds Inc), Custody Agreement (Fairholme Funds Inc), Custody Agreement (Avalon Funds Inc)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless the Trust, each Fund and their respective agents and representatives from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund the Trust, Fund, agent or representative, as applicable, caused by the negligence or willful misfeasance misconduct of the Custodian.

Appears in 3 contracts

Samples: Custody Agreement (Vericimetry Funds), Custody Agreement (Vericimetry Funds), Custody Agreement (Vericimetry Funds)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such the Fund caused by the fraud, bad faith, negligence or willful misfeasance of the CustodianCustodian or from reckless disregard by Custodian of its obligations or duties hereunder.

Appears in 3 contracts

Samples: Custody Agreement (FEG Directional Access TEI Fund LLC), Custody Agreement (Feg Absolute Access Tei Fund LLC), Custody Agreement (FEG Equity Access Fund LLC)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses suffered or incurred by each such the Fund caused by or resulting from the negligence or willful misfeasance of the Custodian.

Appears in 3 contracts

Samples: Custody Agreement (Scout Capital Preservation Fund Inc), Custody Agreement (Scout Kansas Tax Exempt Bond Fund Inc), Custody Agreement (Buffalo Small Cap Fund Inc)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such the Fund caused by the negligence or willful misfeasance misconduct of the Custodian.

Appears in 3 contracts

Samples: Custody Agreement (Pennant 504 Fund), Custody Agreement (Little Harbor MultiStrategy Composite Fund), Custody Agreement (Bluestone Community Development Fund)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (including reasonable attorneys' fees) suffered or incurred by each such Fund caused by the negligence or willful misfeasance of the Custodian.

Appears in 2 contracts

Samples: Custody Agreement (Cornercap Group of Funds /Va/), Custody Agreement (Industry Leaders Fund)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses suffered or incurred by each such the Fund caused by the negligence negligence, bad faith or willful misfeasance of the Custodian.

Appears in 2 contracts

Samples: Custody Agreement (TFS Capital Investment Trust), Custody Agreement (TFS Capital Investment Trust)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses including reasonable attorney fees) suffered or incurred by each such Fund caused by or arising from the negligence or willful misfeasance of the Custodian.

Appears in 2 contracts

Samples: Custody Agreement (Columbus Funds Inc), Custody Agreement (Columbus Funds Inc)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (including reasonable attorney's fees) suffered or incurred by each such Fund caused by the negligence or willful misfeasance of the Custodian.

Appears in 2 contracts

Samples: Custody Agreement (Lend Lease Funds), Custody Agreement (Lend Lease Funds)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses suffered or incurred by each such the Fund caused by the gross negligence or willful misfeasance of the Custodian. 9.

Appears in 1 contract

Samples: Custody Agreement (Icap Funds Inc)

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Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless the Trust on behalf of each Fund from all losses, damages and expenses suffered or incurred by each such Fund caused by the negligence or willful misfeasance of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Investment Managers Series Trust)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (including reasonable attorney’s fees) suffered or incurred by each such Fund caused by the negligence or willful misfeasance of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Adelante Funds)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold bold harmless each Fund Fund, and its trustees, directors and officers, from all losses, damages and expenses (including reasonable attorneys’ fees) suffered or incurred by each such Fund caused by the negligence or willful misfeasance of the Custodian, or its officers, employees or agents.

Appears in 1 contract

Samples: Custody Agreement (Profunds)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a) but including reasonably attorneys’ fees) suffered or incurred by each such Fund caused by the negligence or willful misfeasance misconduct of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Harvest Volatility Edge Trust)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses suffered or incurred by each such Fund caused by the negligence or willful misfeasance of the CustodianCustodian and any Domestic Subcustodian.

Appears in 1 contract

Samples: Custody Agreement (Lotsoff Capital Management Equity Trust)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (including reasonable attorneys’ fees with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund caused by the fraud, negligence or willful misfeasance misconduct of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Fiera Capital Series Trust)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (including attorneys' fees) suffered or incurred by each such Fund caused by the negligence negligence, bad faith or willful misfeasance misconduct of the Custodian or the Custodian's reckless disregard of its duties under this Agreement.

Appears in 1 contract

Samples: Custody Agreement (CPG Carlyle Master Fund, LLC)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund caused by the bad faith, negligence or willful misfeasance misconduct of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Community Development Fund)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each Fund and its nominees from all lossesloss, damages damage and expenses expense (including reasonable attorneys' fees) suffered or incurred by each such Fund or its nominee caused by or arising from the negligence negligence, willful misconduct or willful misfeasance bad faith of the CustodianCustodian or its nominee.

Appears in 1 contract

Samples: Custody Agreement (Van Wagoner Funds Inc)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund caused by the negligence or willful misfeasance misconduct of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Predex)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (including attorneys' fees) (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by each such Fund caused by the negligence or willful misfeasance misconduct of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (RENN Fund, Inc.)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (including reasonable attorneys’ fees) suffered or incurred by each such Fund caused by the negligence or willful misfeasance of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Diamond Portfolio Investment Trust)

Indemnification by Custodian. (i) Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7Agreement, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (with the exception of those damages and expenses referenced in Section 7(a)) suffered or incurred by each such Fund caused by the fraud, negligence or willful misfeasance misconduct of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Cantor Select Portfolios Trust)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each the Fund from all losses, damages and expenses suffered or incurred by each such the Fund caused by or resulting from the negligence or willful misfeasance of the Custodian. 9.

Appears in 1 contract

Samples: Custody Agreement (Umb Scout Funds)

Indemnification by Custodian. Subject to the limitations set forth in this Agreement and in addition to the obligations provided in Sections 6 and 7, the Custodian agrees to indemnify and hold harmless each Fund from all losses, damages and expenses (including attorneys' fees) suffered or incurred by each such Fund caused by the negligence or willful misfeasance of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Sparx Funds Trust)

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