Common use of Indemnification of Adviser Clause in Contracts

Indemnification of Adviser. The Trust will indemnify Adviser against, and hold Adviser harmless from, all losses, claims, damages, liabilities or expenses (including reasonable fees and disbursements of counsel) arising out of: (i) the material breach by the Trust of any of its obligations under this Agreement; (ii) the willful misfeasance, bad faith, or gross negligence of the Trust, its officers, employees or agents (other than the Adviser, to the extent the Adviser could be deemed an agent of the Trust) in the performance of the Trust’s duties or obligations under this Agreement; or (iii) the reckless disregard by the Trust, its officers, employees, or agents (other than the Adviser, to the extent the Adviser could be deemed an agent of the Trust) of the Trust’s duties and obligations under this Agreement.

Appears in 4 contracts

Samples: Shareholder Services Agreement (American Independence Funds Trust), Shareholder Services Agreement (American Independence Funds Trust), Shareholder Services Agreement (American Independence Funds Trust II)

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Indemnification of Adviser. The Trust will indemnify Adviser against, against and hold Adviser harmless from, from all losses, claims, damages, liabilities or expenses (including reasonable fees and disbursements of counsel) arising out of: (i) the material breach by the Trust of any of its obligations under this Agreement; (ii) the willful misfeasance, bad faith, or gross negligence of the Trust, its officers, employees or agents (other than the Adviser, to the extent the Adviser could be deemed an agent of the Trust) in the performance of the Trust’s duties or obligations under this Agreement; or (iii) the reckless disregard by the Trust, its officers, employees, or agents (other than the Adviser, to the extent the Adviser could be deemed an agent of the Trust) of the Trust’s duties and obligations under this Agreement.

Appears in 3 contracts

Samples: Shareholder Services Agreement (AQR Funds), Shareholder Services Agreement (AQR Funds), Shareholder Services Agreement (AQR Funds)

Indemnification of Adviser. The Trust Trusts will indemnify Adviser against, and hold Adviser harmless from, all losses, claims, damages, liabilities or expenses (including reasonable fees and disbursements of counsel) arising out of: (i) the material breach by the Trust Trusts of any of its obligations under this Agreement; (ii) the willful misfeasance, bad faith, or gross negligence of the TrustTrusts, its their officers, employees or agents (other than the Adviser, to the extent the Adviser could be deemed an agent of the TrustTrusts) in the performance of the Trust’s Trusts’ duties or obligations under this Agreement; or (iii) the reckless disregard by the TrustTrusts, its officers, employees, or agents (other than the Adviser, to the extent the Adviser could be deemed an agent of the TrustTrusts) of the Trust’s Trusts’ duties and obligations under this Agreement.

Appears in 2 contracts

Samples: Shareholder Services Agreement (American Independence Funds Trust), Shareholder Services Agreement (American Independence Funds Trust)

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Indemnification of Adviser. The Trust Trusts will indemnify Adviser against, and hold Adviser harmless from, all losses, claims, damages, liabilities or expenses (including reasonable fees and disbursements of counsel) arising out of: (i) the material breach by the Trust Trusts of any of its obligations under this Agreement; (ii) the willful misfeasance, bad faith, or gross negligence of the TrustTrusts, its thier officers, employees or agents (other than the Adviser, to the extent the Adviser could be deemed an agent of the TrustTrusts) in the performance of the Trust’s Trusts’ duties or obligations under this Agreement; or (iii) the reckless disregard by the TrustTrusts, its officers, employees, or agents (other than the Adviser, to the extent the Adviser could be deemed an agent of the TrustTrusts) of the Trust’s Trusts’ duties and obligations under this Agreement.

Appears in 1 contract

Samples: Shareholder Services Agreement (Rx Funds Trust)

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