Common use of Indemnification by Fund Clause in Contracts

Indemnification by Fund. Subject to the limitations set forth in this Agreement, each Fund agrees to indemnify and hold harmless the Custodian and its nominees from all losses, damages and expenses (including attorneys’ fees) suffered or incurred by the Custodian or its nominee caused by or arising from actions taken by the Custodian, its employees or agents in the performance of its duties and obligations under this Agreement, including, but not limited to, any indemnification obligations undertaken by the Custodian under any relevant subcustodian agreement; provided, however, that such indemnity shall not apply to the extent the Custodian is liable under Sections 6 or 7 hereof; provided, further, that in no event shall the Fund be required to indemnify the Custodian or its nominees for attorneys’ fees or for special, consequential, indirect or punitive damages arising under or in connection with this Agreement. If any Fund requires the Custodian to take any action with respect to Securities, which action involves the payment of money or which may, in the opinion of the Custodian, result in the Custodian or its nominee assigned to such Fund being liable for the payment of money or incurring liability of some other form, such Fund, as a prerequisite to requiring the Custodian to take such action, shall provide indemnity to the Custodian in an amount and form satisfactory to it.

Appears in 2 contracts

Samples: Custody Agreement (SharesPost 100 Fund), Custody Agreement (SharesPost 100 Fund)

AutoNDA by SimpleDocs

Indemnification by Fund. Subject to the limitations set forth in this Agreement, each the Fund agrees to indemnify and hold harmless the Custodian and its nominees from all losses, damages and expenses (including attorneys’ fees) (with the exception of those losses, damages, and expenses referenced in Section 6(a)) suffered or incurred by the Custodian or its nominee caused by or arising from actions taken by the Custodian, its employees or agents in the performance of its duties and obligations under this Agreement, including, but not limited to, any indemnification obligations undertaken by the Custodian under any relevant subcustodian agreement; provided, however, that such indemnity shall not apply to the extent the Custodian is liable under Sections 6 or 7 hereof; provided, further, that in no event shall hereof or caused by the Fund be required to indemnify negligence or willful misconduct of the Custodian or its nominees for attorneys’ fees agent (not to include any Domestic or for special, consequential, indirect or punitive damages arising under or in connection with this AgreementForeign Subcustodian). If any the Fund requires the Custodian to take any action with respect to Securities, which action involves the payment of money or which may, in the opinion of the Custodian, result in the Custodian or its nominee assigned to such the Fund being liable for the payment of money or incurring liability of some other form, such the Fund, as a prerequisite to requiring the Custodian to take such action, shall provide indemnity to the Custodian in an amount and form satisfactory to it.

Appears in 2 contracts

Samples: Custody Agreement (Broadstone Real Estate Access Fund, Inc.), Custody Agreement (Broadstone Real Estate Access Fund)

Indemnification by Fund. Subject to the limitations set forth in this Agreement, each Fund agrees to indemnify and hold harmless the Custodian and its nominees from all losses, damages and expenses (expenses, including attorneys' fees, (with the exception of those damages and expenses referenced in Section 6(a)) suffered or incurred by the Custodian or its nominee caused by or arising from actions taken by the Custodian, its employees or agents in the performance of its duties and obligations under this Agreement, including, but not limited to, any indemnification obligations undertaken by the Custodian under any relevant subcustodian agreement; provided, however, that such indemnity shall not apply to the extent the Custodian is liable under Sections 6 or 7 hereof; provided, further, that in no event shall hereof or caused by the Fund be required to indemnify negligence or willful misconduct of the Custodian or its nominees for attorneys’ fees agent (not to include any Domestic or for special, consequential, indirect or punitive damages arising under or in connection with this AgreementForeign Subcustodian). If any Fund requires the Custodian to take any action with respect to Securities, which action involves the payment of money or which may, in the opinion of the Custodian, result in the Custodian or its nominee assigned to such Fund being liable for the payment of money or incurring liability of some other form, such Fund, as a prerequisite to requiring the Custodian to take such action, shall provide indemnity to the Custodian in an amount and form satisfactory to it.

Appears in 1 contract

Samples: Custody Agreement (Total Income (Plus) Real Estate Fund)

Indemnification by Fund. Subject to the limitations set forth in this Agreement, each Fund agrees to indemnify and hold harmless the Custodian and its nominees from all losses, damages and expenses (including attorneys' fees) suffered or incurred by the Custodian or its nominee caused by or arising from actions taken by the Custodian, its employees or agents in the performance of its duties and obligations under this Agreement, including, but not limited to, any indemnification obligations undertaken by the Custodian under any relevant subcustodian agreement; provided, however, that such indemnity shall not apply to the extent the Custodian is liable under Sections 6 or 7 hereof; provided, further, that in no event shall the Fund be required hereof or pursuant to indemnify the Custodian or its nominees for attorneys’ fees or for special, consequential, indirect or punitive damages arising under or in connection with this Agreement8(b) hereafter. If any Fund requires the Custodian to take any action with respect to Securities, which action involves the payment of money or which may, in the opinion of the Custodian, result in the Custodian or its nominee assigned to such Fund being liable for the payment of money or incurring liability of some other form, such Fund, as a prerequisite to requiring the Custodian to take such action, shall provide indemnity to the Custodian in an amount and form satisfactory to it. Each Fund agrees to indemnify and hold harmless the Custodian for any action the Custodian takes or does not take in reliance upon directions, Instructions or Special Instructions except for such action or inaction resulting from the Custodian’s negligence or willful misconduct.

Appears in 1 contract

Samples: Custody Agreement (Vericimetry Funds)

Indemnification by Fund. Subject to the limitations set forth in this Agreement, each Fund agrees to indemnify and hold harmless the Custodian and its nominees from all losses, damages and expenses (including reasonable attorneys’ fees) suffered or incurred by the Custodian or its nominee caused by or arising from actions taken by the Custodian, its employees or agents in the performance of its duties and obligations under this Agreement, including, but not limited to, any indemnification obligations undertaken by the Custodian under any relevant subcustodian agreement; provided, however, that such Custodian’s indemnity obligations under this Section shall not apply to the extent the Custodian is liable under Sections 6 or 7 hereof; provided, further, that in no event shall the Fund be required to indemnify the Custodian or its nominees for attorneys’ fees or for special, consequential, indirect or punitive damages arising under or in connection with this Agreement. If any Fund requires the Custodian to take any action with respect to Securities, which action involves the payment of money or which may, in the opinion of the Custodian, result in the Custodian or its nominee assigned to such Fund being liable for the payment of money or incurring liability of some other form, such Fund, as a prerequisite to requiring the Custodian to take such action, shall provide indemnity to the Custodian in an amount and form satisfactory to it.

Appears in 1 contract

Samples: Custody Agreement (Diamond Portfolio Investment Trust)

AutoNDA by SimpleDocs

Indemnification by Fund. Subject to the limitations set forth in this Agreement, each Fund agrees to indemnify and hold harmless the Custodian and its nominees from all losses, damages and expenses (including attorneys' fees) suffered or incurred by the Custodian or its nominee caused by or arising from actions taken by the Custodian, its employees or agents in the performance of its duties and obligations under this Agreement, including, but not limited to, any indemnification obligations undertaken by the Custodian under any relevant subcustodian agreement; provided, however, that such indemnity shall not apply to the extent the Custodian is liable under Sections 6 or 7 hereof; provided, further, that in no event shall the Fund be required to indemnify the Custodian or its nominees for attorneys’ fees or for special, consequential, indirect or punitive damages arising under or in connection with this Agreement. If any Fund requires the Custodian to take any action with respect to Securities, which action involves the payment of money or which may, in the opinion of the Custodian, result in the Custodian or its nominee assigned to such Fund being liable for the payment of money or incurring liability of some other form, such Fund, as a prerequisite to requiring the Custodian to take such action, shall provide indemnity to the Custodian in an amount and form satisfactory to it. Each Fund agrees to indemnify and hold harmless the Custodian for any action the Custodian takes or does not take in reliance upon directions, Instructions or Special Instructions except for such action or inaction resulting from the Custodian's negligence or willful misconduct.

Appears in 1 contract

Samples: Custody Agreement (Vericimetry Funds)

Indemnification by Fund. Subject to the limitations set forth in this Agreement, each Fund agrees to indemnify and hold harmless the Custodian and its nominees from all losses, damages and expenses (including attorneys' fees) suffered or incurred by the Custodian or its nominee caused by or arising from actions taken by the Custodian, its employees or agents in the performance of its duties and obligations under this Agreement, including, but not limited to, any indemnification obligations undertaken by the Custodian under any relevant subcustodian agreement; provided, however, that such indemnity shall not apply to the extent the Custodian is liable under Sections 6 or 7 hereof; provided, further, that in no event shall the Fund be required to indemnify the Custodian or its nominees for attorneys’ fees or for special, consequential, indirect or punitive damages arising under or in connection with this Agreement. If any Fund requires the Custodian to take any action with respect to Securities, which action involves the payment of money or which may, in the opinion of the Custodian, result in the Custodian or its nominee assigned to such Fund being liable for the payment of money or incurring liability of some other form, such Fund, as a prerequisite to requiring the Custodian to take such action, shall provide indemnity to the Custodian in an amount and form satisfactory to it. Each Fund agrees to indemnify and hold harmless the Custodian for any action the Custodian takes or does not take in reliance upon directions, Instructions or Special Instructions except for such action or inaction resulting from the Custodian’s negligence or willful misconduct.

Appears in 1 contract

Samples: Custody Agreement (Vericimetry Funds)

Time is Money Join Law Insider Premium to draft better contracts faster.