Common use of MARSICO Clause in Contracts

MARSICO. Marsico shall be liabxx xxx anx xxx xll losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) to which the Trust, a Fund, IMCO, any affiliated persons thereof (within the meaning of the 1940 Act) and any controlling pxxxxxx thereof (as described in Section 15 of the Securities Act of 1933, as amended (the 1933 Act)) (collectively, IMCO Indemnitees) may become subject under the 1933 Act, the 1940 Act, the Advisers Act, or under any other statute, at common law or otherwise arising out of (i) any negligence, willful misconduct, bad faith or reckless disregard of Marsico in the performance of xxx xx its duties or obligations hereunder or (ii) any untrue statement of a material fact contained in the Prospectus and SAI, proxy materials, reports, advertisements, sales literature, or other materials pertaining to the Funds or the omission to state therein a material fact known to Marsico which was required to be xxxxxx therein or necessary to make the statements therein not misleading, if such statement or omission was made primarily in reliance upon information furnished to IMCO or the Trust by Marsico Indemnitees (as defined xxxxx) for use therein. Marsico shall indemnify and holx xxxxless the IMCO Indemnitees for any and all such losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses).

MARSICO. Marsico shall be liabxx xxx anx xxx xll liable for any and all losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) to which the TrustCompany, a Fund, IMCO, any affiliated persons thereof (within the meaning of the 1940 Act) and any controlling pxxxxxx thereof persxxx xxxxeof (as described in Section 15 of the Securities Act of 1933, as amended (the 1933 Act)) (collectively, IMCO Indemnitees) may become subject under the 1933 Act, the 1940 Act, the Advisers Act, or under any other statute, at common law or otherwise arising out of (i) any negligence, willful misconduct, bad faith or reckless disregard of Marsico in the performance of xxx xx any of its duties or obligations hereunder or (ii) any untrue statement of a material fact contained in the Prospectus and SAI, proxy materials, reports, advertisements, sales literature, or other materials pertaining to the Funds or the omission to state therein a material fact known to Marsico which was required to be xxxxxx stated therein or necessary to make the statements therein not misleading, if such statement or omission was made primarily in reliance upon information furnished to IMCO or the Trust Company by Marsico Indemnitees (as defined xxxxxbelow) for use therein. Marsico shall indemnify and holx xxxxless hold harmless the IMCO Indemnitees for any and all such losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses).

MARSICO. Marsico shall be liabxx liable xxx anx xxy axx xxx xll losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) to which the TrustCompany, a Fund, IMCO, any affiliated persons thereof (within the meaning of the 1940 Act) and any controlling pxxxxxx thereof pexxxxx xhereof (as described in Section 15 of the Securities Act of 1933, as amended (the 1933 Act)) (collectively, IMCO Indemnitees) may become subject under the 1933 Act, the 1940 Act, the Advisers Act, or under any other statute, at common law or otherwise arising out of (i) any negligence, willful misconduct, bad faith or reckless disregard of Marsico in the performance of xxx axx xx its xts duties or obligations hereunder or (ii) any untrue statement of a material fact contained in the Prospectus and SAI, proxy materials, reports, advertisements, sales literature, or other materials pertaining to the Funds or the omission to state therein a material fact known to Marsico which was required to be xxxxxx therein sxxxxx xherein or necessary to make the statements therein not misleading, if such statement or omission was made primarily in reliance upon information furnished to IMCO or the Trust Company by Marsico Indemnitees (as defined xxxxxbxxxx) for xor use therein. Marsico shall indemnify and holx xxxxless hold xxxxxess the IMCO Indemnitees for any and all such losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses).

MARSICO. Marsico shall be liabxx xxx anx xxx xll liable for any and all losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) to which the Trust, a Fund, IMCO, any affiliated persons thereof (within the meaning of the 1940 Act) and any controlling pxxxxxx thereof pexxxxx xhereof (as described in Section 15 of the Securities Act of 1933, as amended (the 1933 Act)) (collectively, IMCO Indemnitees) may become subject under the 1933 Act, the 1940 Act, the Advisers Act, or under any other statute, at common law or otherwise arising out of (i) any negligence, willful misconduct, bad faith or reckless disregard of Marsico in the performance of xxx xx any of its duties or obligations hereunder or (ii) any untrue statement of a material fact contained in the Prospectus and SAI, proxy materials, reports, advertisements, sales literature, or other materials pertaining to the Funds or the omission to state therein a material fact known to Marsico which was required to be xxxxxx stated therein or necessary to make the statements therein not misleading, if such statement or omission was made primarily in reliance upon information furnished to IMCO or the Trust by Marsico Indemnitees (as defined xxxxxbelow) for use therein. Marsico shall indemnify and holx xxxxless hold harmless the IMCO Indemnitees for any and all such losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses).

MARSICO. Marsico shall be liabxx xxx anx xxx xll liable for any and all losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) to which the TrustCompany, a Fund, IMCO, any affiliated persons thereof (within the meaning of the 1940 Act) and any controlling pxxxxxx thereof pexxxxx xhereof (as described in Section 15 of the Securities Act of 1933, as amended (the 1933 Act)) (collectively, IMCO Indemnitees) may become subject under the 1933 Act, the 1940 Act, the Advisers Act, or under any other statute, at common law or otherwise arising out of (i) any negligence, willful misconduct, bad faith or reckless disregard of Marsico in the performance of xxx xx any of its duties or obligations hereunder or (ii) any untrue statement of a material fact contained in the Prospectus and SAI, proxy materials, reports, advertisements, sales literature, or other materials pertaining to the Funds or the omission to state therein a material fact known to Marsico which was required to be xxxxxx stated therein or necessary to make the statements therein not misleading, if such statement or omission was made primarily in reliance upon information furnished to IMCO or the Trust Company by Marsico Indemnitees (as defined xxxxxbelow) for use therein. Marsico shall indemnify and holx xxxxless hold harmless the IMCO Indemnitees for any and all such losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses).