Common use of Indemnification Not Exclusive, etc Clause in Contracts

Indemnification Not Exclusive, etc. The right of indemnification provided by this Article 8 shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8, a "disinterested" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

Appears in 74 contracts

Samples: Agreement and Declaration (Investment Managers Series Trust), Agreement and Declaration of Trust (Forefront Income Trust), Agreement and Declaration of Trust (Palmer Square Opportunistic Income Fund)

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Indemnification Not Exclusive, etc. The right of indemnification provided by this Article 8 VII shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8VII, a "disinterested" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 VII shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

Appears in 35 contracts

Samples: Agreement and Declaration (Evergreen International Balanced Income Fund), Agreement (Evergreen International Balanced Income Fund), Agreement and Declaration (Evergreen Select Equity Trust)

Indemnification Not Exclusive, etc. The right of indemnification provided by this Article 8 VII shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8VII, a "disinterested" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 VII shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

Appears in 24 contracts

Samples: Agreement and Declaration (Evergreen Global Dividend Opportunity Fund), Agreement and Declaration (Wilmington Funds), Agreement and Declaration (BBH Trust)

Indemnification Not Exclusive, etc. The right of indemnification provided by this Article 8 shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8, a "disinterested" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

Appears in 7 contracts

Samples: Cushing Funds Trust (Cushing Funds Trust), Agreement and Declaration of Trust (Chartwell Funds), Funds Trust (Cushing Mutual Funds Trust)

Indemnification Not Exclusive, etc. The right of indemnification provided by this Article 8 shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8, a "disinterested" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

Appears in 7 contracts

Samples: Aggressive Growth Fund (JWB Aggressive Growth Fund), Afd Exchange Reserves (Afd Exchange Reserves), Agreement and Declaration (Alliance Municipal Income Fund Ii)

Indemnification Not Exclusive, etc. The right of indemnification provided by this Article 8 shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8, a "disinterested" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

Appears in 5 contracts

Samples: Agreement and Declaration (Alger Funds Ii), Agreement and Declaration of Trust (Alger Funds), Agreement and Declaration (Alger Portfolios)

Indemnification Not Exclusive, etc. The right of indemnification provided by this Article 8 VIII shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8VIII, a "disinterested" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 VIII shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

Appears in 5 contracts

Samples: Alliance Tax Exempt Reserves (Alliance Municipal Trust), Common Sense Trust (Common Sense Trust), Agreement and Declaration (Fiduciary Management Associates)

Indemnification Not Exclusive, etc. The right of indemnification provided by this Article 8 shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8, a "disinterested" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person. SECTION 8.7.

Appears in 4 contracts

Samples: Agreement and Declaration (American Capital Growth & Income Fund Inc), Agreement and Declaration (Van Kampen American Capital World Portfolio Series Trust), Agreement and Declaration (Van Kampen American Capital Tax Exempt Trust)

Indemnification Not Exclusive, etc. The right of indemnification provided by this Article 8 shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8, a "disinterestedDISINTERESTED" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Alger Retirement Fund), Agreement and Declaration of Trust (White Elk Funds), Agreement and Declaration of Trust (White Elk Funds)

Indemnification Not Exclusive, etc. The right of indemnification provided by this Article 8 VII shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8VII, a "disinterested" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 VII shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person. Section 7.

Appears in 2 contracts

Samples: And Restated Agreement and Declaration (Evergreen Money Market Trust), Agreement and Declaration (Evergreen Fixed Income Trust /De/)

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Indemnification Not Exclusive, etc. The right of indemnification provided by this Article 8 shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8, a "disinterested" Person “disinterested person” is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds grounds, is then or has been pending or threatened. Nothing contained in this Article 8 shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

Appears in 1 contract

Samples: Agreement and Declaration (Alger ETF Trust)

Indemnification Not Exclusive, etc. The right of indemnification provided by this Article 8 shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article ARTICLE 8, a "disinterestedDISINTERESTED" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article ARTICLE 8 shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Global China Growth Fund)

Indemnification Not Exclusive, etc. The right of indemnification provided by this Article 8 shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8, a "disinterested'DISINTERESTED" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

Appears in 1 contract

Samples: Spectra Fund (Spectra Fund Inc)

Indemnification Not Exclusive, etc. The right of indemnification provided by this Article 8 1 shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8, a "disinterested" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

Appears in 1 contract

Samples: Agreement and Declaration (Warburg Pincus Fixed Income Fund /Ny/)

Indemnification Not Exclusive, etc. The right of indemnification provided by this Article ARTICLE 8 shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article ARTICLE 8, a "disinterestedDISINTERESTED" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article ARTICLE 8 shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

Appears in 1 contract

Samples: Ashport Mutual Funds Trust

Indemnification Not Exclusive, etc. The right of ---------------------------------- indemnification provided by this Article 8 VIII shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8VIII, a "disinterested" Person is one against whom ------------- none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 VIII shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

Appears in 1 contract

Samples: Winthrop Focus Funds

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