Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Trust from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.
Appears in 57 contracts
Samples: Custody Agreement (Potomac Funds), Custody Agreement (Potomac Insurance Trust), Amended and Restated (Alpine Equity Trust)
Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Trust Fund from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.
Appears in 8 contracts
Samples: Custody Agreement (Builders Fixed Income Fund Inc), Custody Agreement (Boyar Value Fund Inc), Custody Agreement (Southwest Small Cap Equity Fund Inc)
Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Trust from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.. 8.3
Appears in 3 contracts
Samples: Custody Agreement (Lake Shore Family of Funds), Custody Agreement (LMH Fund LTD), Custody Agreement (Berwyn Funds)
Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Trust Portfolio from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.
Appears in 3 contracts
Samples: Custody Agreement (Flex Funds), Custody Agreement (Growth Mutual Fund Portfolio), Custody Agreement (Aggressive Growth Mutual Fund Portfolio)
Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Trust Corporation from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.
Appears in 3 contracts
Samples: Custody Agreement (Norcap Funds Inc), Custodian Agreement (Tanaka Funds Inc), Amended and Restated (Chaconia Income & Growth Fund Inc)
