Indemnification Limitation of Liability. (a) Customer shall indemnify, defend and hold harmless DBSI and its officers, employees and agents for any fine, penalty, tax, loss, liability or cost, including reasonable attorneys’ fees, incurred by DBSI that directly or indirectly arises out of or is related to (i) Customer’s refusal or failure to comply with Relevant Law or any other law or regulation governing or affecting Customer’s activities under this Agreement or any provision of this Agreement or (ii) Customer’s breach of any representation, warranty, covenant or obligation contained in this Agreement. In addition, the Trust, on behalf of the Customer, agrees to pay any attorneys’ fees and expenses incurred by DBSI in collecting any amount due by Customer under this Agreement or in defending against any claim brought by Customer in any suit, arbitration or reparations proceeding in which DBSI is the prevailing party.
Appears in 12 contracts
Samples: Powershares Db Agriculture Fund, PowerShares DB US Dollar Index Bullish Fund, DB Multi-Sector Commodity Master Trust
Indemnification Limitation of Liability. (a) Customer shall indemnify, defend and hold harmless DBSI and its officers, employees and agents for any fine, penalty, tax, loss, liability or cost, including reasonable attorneys’ fees, incurred by DBSI that directly or indirectly arises out of or is related to (i) Customer’s refusal or failure to comply with Relevant Law or any other law or regulation governing or affecting Customer’s activities under this Agreement or any provision of this Agreement or (ii) Customer’s breach of any representation, warranty, covenant or obligation contained in this Agreement. In addition, the Trust, on behalf of the Customer, Customer agrees to pay any attorneys’ fees and expenses incurred by DBSI in collecting any amount due by Customer under this Agreement or in defending against any claim brought by Customer in any suit, arbitration or reparations proceeding in which DBSI is the prevailing party.
Appears in 4 contracts
Samples: DB Commodity Index Tracking Master Fund, PowerShares DB Commodity Index Tracking Fund, Db Currency Index Value Master Fund
Indemnification Limitation of Liability. (a) Customer shall indemnify, defend and hold harmless DBSI and its officers, employees and agents for any fine, penalty, tax, loss, liability or cost, including reasonable attorneys’ fees, incurred by DBSI or each of the Affiliates that directly or indirectly arises out of or is related to (i) Customer’s refusal or failure to comply with Relevant Applicable Law or to perform any other law or regulation governing or affecting Customer’s activities obligation required under this Agreement or any provision of this Agreement or (ii) Customer’s breach of any representation, warranty, covenant or obligation contained in this Agreement. In addition, the Trust, on behalf of the Customer, Customer agrees to pay any reasonable attorneys’ fees and expenses incurred by DBSI in collecting any amount due by Customer under this Agreement or in defending against any claim brought by Customer in any suit, arbitration or reparations proceeding in which DBSI is the prevailing party.
Appears in 2 contracts
Samples: Futures and Options Agreement (PowerShares DB G10 Currency Harvest Fund), Futures and Options Agreement (PowerShares DB US Dollar Index Bullish Fund)
Indemnification Limitation of Liability. (a) Customer shall indemnify, defend and hold harmless DBSI and its officers, employees and agents for any fine, penalty, tax, loss, liability or cost, including reasonable attorneys’ ' fees, incurred by DBSI that directly or indirectly arises out of or is related to (i) Customer’s 's refusal or failure to comply with Relevant Law or any other law or regulation governing or affecting Customer’s 's activities under this Agreement or any provision of this Agreement or (ii) Customer’s 's breach of any representation, warranty, covenant or obligation contained in this Agreement. In addition, the Trust, on behalf of the Customer, Customer agrees to pay any attorneys’ ' fees and expenses incurred by DBSI in collecting any amount due by Customer under this Agreement or in defending against any claim brought by Customer in any suit, arbitration or reparations proceeding in which DBSI is the prevailing party.
Appears in 1 contract
Indemnification Limitation of Liability. (a) Customer shall indemnify, defend and hold harmless indemnify DBSI and its officers, employees and agents for any fine, penalty, tax, loss, liability or cost, including reasonable attorneys’ fees, incurred by DBSI that was caused, directly or indirectly arises out of or is related to (i) indirectly, by Customer’s refusal or failure (i) to comply with Relevant Law or any other law or regulation governing or affecting Customer’s activities under this Agreement or any provision of this Agreement or (ii) Customer’s breach of to perform any representation, warranty, covenant or obligation contained in required under this Agreement. In addition, the Trust, on behalf of the Customer, Customer agrees to pay any attorneys’ fees and expenses incurred by DBSI in collecting any amount due by Customer under this Agreement or in defending against any claim brought by Customer in any suit, arbitration or reparations proceeding in which DBSI is the prevailing party.
Appears in 1 contract
Samples: Global Futures (Global Macro Trust)