Common use of Indemnification by the Distributor Clause in Contracts

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the “Indemnified Parties” for purposes of this Section 7.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Sponsor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s shares or the Variable Insurance Products and:

Appears in 32 contracts

Samples: Electronic Trading Agreement (Mutual of America Separate Account No 3), Participation Agreement (First Symetra National Life Insurance Co of Ny Sep Acct S), Electronic Trading Agreement (Mutual of America Separate Account No 2)

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Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 7.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Sponsor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Variable Insurance Products and:

Appears in 28 contracts

Samples: Participation Agreement (Variable Annuity Acct C of Ing Life Insurance & Annuity Co), Participation Agreement (Variable Annuity I Ser Acc of GRT West Li & Annu Ins Co of Ny), Participation Agreement (Variable Annuity Acct C of Ing Life Insurance & Annuity Co)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the “Indemnified Parties” for purposes of this Section 7.47.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the SponsorDistributor) or litigation (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statutestatute or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s shares or the Variable Insurance Products andsettlements:

Appears in 12 contracts

Samples: Participation Agreement (Lincoln New York Account N for Variable Annuities), Participation Agreement (Virtus Variable Insurance Trust), Form of Participation Agreement (Virtus Variable Insurance Trust)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the “Indemnified Parties” for purposes of this Section 7.48.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Sponsor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s shares or the Variable Insurance Products and:

Appears in 6 contracts

Samples: Participation Agreement (Tflic Separate Account B), Participation Agreement (Separate Account Va Dd), Participation Agreement (Peoples Benefit Life Insurance Co Separate Account V)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 7.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Sponsor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statutestatute or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Variable Insurance Products and:

Appears in 3 contracts

Samples: Participation Agreement (Transamerica Corporate Separate Account Sixteen), Agreement (Life Insurance Separate Account of Usaa Life Insurance Co), Vanguard Participation Agreement (Separate Account of Usaa Life Insurance Co)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the “Indemnified Parties” for purposes of this Section 7.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Sponsor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (litigation is or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s shares or the Variable Insurance Products and:

Appears in 3 contracts

Samples: Participation Agreement (Variable Annuity Account a of Protective Life), Participation Agreement (Protective Variable Life Separate Account), Participation Agreement (Penn Insurance & Annuity Co)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 7.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Sponsor) or litigation (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Variable Insurance Products and:

Appears in 2 contracts

Samples: Participation Agreement (Jefferson National Life Annuity Account G), Participation Agreement (PHL Variable Accumulation Account II)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the “Indemnified Parties” for purposes of this Section 7.48.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Sponsor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s shares or the Variable Insurance Products Contracts and:

Appears in 2 contracts

Samples: Participation Agreement (Tflic Separate Account B), Participation Agreement (Separate Account Va Dd)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 7.48.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Sponsor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Variable Insurance Products and:

Appears in 2 contracts

Samples: Participation Agreement (Separate Account Fp of Equitable Life Assur Soc of the Us), Participation Agreement (WRL Series Life Corporate Account)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 7.48.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the SponsorDistributor) or litigation (including legal and other reasonable expenses) to which the Indemnified Parties may become subject under any statutestatute or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s shares or the Variable Insurance Products andsettlements:

Appears in 2 contracts

Samples: Participation Agreement (Jefferson National Life Annuity Account H), Participation Agreement (American Separate Account 5)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the “Indemnified Parties” for purposes of this Section 7.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Sponsor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statutestatute or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s shares or the Variable Insurance Products and:

Appears in 1 contract

Samples: Participation Agreement (Separate Account Va Dd)

Indemnification by the Distributor. (a) 8.2(a). The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 7.48.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the SponsorDistributor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Variable Insurance Products Contracts and:

Appears in 1 contract

Samples: Participation Agreement (Columbus Life Separate Account 1)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, collectively the "Company Indemnified Parties” for purposes of this Section 7.4") against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the SponsorDistributor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statutestatute regulation, at common law or otherwise, insofar as such losses, claimsclaim, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition operations of the Fund’s shares or the Variable Insurance Products Distributor and:

Appears in 1 contract

Samples: Janus Aspen Series (Hartford Life Insurance Co Separate Account 11)

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Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning 12 of Section 15 of the 1933 Act (collectively, collectively the "Company Indemnified Parties” for purposes of this Section 7.4") against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the SponsorDistributor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statutestatute regulation, at common law or otherwise, insofar as such losses, claimsclaim, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition operations of the Fund’s shares or the Variable Insurance Products Distributor and:

Appears in 1 contract

Samples: Janus Aspen Series (Hartford Life Insurance Co Separate Account 11)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 7.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Sponsor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (litigation is or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Variable Insurance Products and:

Appears in 1 contract

Samples: Participation Agreement (Brighthouse Fund UL for Variable Life Insurance)

Indemnification by the Distributor. (a7.3(a) The Distributor agrees to shall indemnify and hold harmless the Company Company, and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 7.47.3) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Sponsor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Variable Insurance Products and:

Appears in 1 contract

Samples: Participation Agreement (Variable Account a/Ma)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the “Indemnified Parties” for purposes of this Section 7.4) against any and all losses, claims, damages, liabilities (including reasonable amounts paid in settlement with the written consent of the Sponsor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s shares or the Variable Insurance Products and:

Appears in 1 contract

Samples: Participation Agreement (Jefferson National Life of New York Annuity Account 1)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the “Indemnified Parties” for purposes of this Section 7.48.2) against any and all losses, claims, expenses, damages, liabilities (including amounts paid in settlement with the written consent of the SponsorFund) or litigation (including reasonable legal and other expenses) to which the Indemnified Parties may become subject under any statutestatute or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s Portfolios’ shares or the Variable Insurance Products Contracts and:

Appears in 1 contract

Samples: Participation Agreement (Separate Account No. 70 of AXA Equitable Life Insurance Co)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 I5 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 7.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Sponsor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Variable Insurance Products and:

Appears in 1 contract

Samples: Participation Agreement (Variable Annuity 1 Series Account)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers directors, officers, employees and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the “Indemnified Parties” for purposes of this Section 7.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Sponsor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s shares or the Variable Insurance Products and:

Appears in 1 contract

Samples: Participation Agreement (KILICO Variable Annuity Separate Account - 3)

Indemnification by the Distributor. (a) The Distributor agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the “Indemnified Parties” for purposes of this Section 7.4) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Sponsor) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund’s 's shares or the Variable Insurance Products and:

Appears in 1 contract

Samples: Participation Agreement (American Fidelity Separate Account A)

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