Notice of the Action. A party that seeks indemnification under this Agreement must promptly give the other party notice of any legal action; provided, however, that a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action.
Appears in 78 contracts
Samples: Administration and Accounting Services Agreement (First Trust High Yield Opportunities 2027 Term Fund), Administration and Accounting Services Agreement (First Trust Four Corners Senior Floating Rate Income Fund Ii), Custodian Services Agreement (First Trust Active Dividend Income Fund)
Notice of the Action. A party that seeks indemnification under this Agreement must promptly give the other party notice of any legal action; provided, however, that . But a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action.
Appears in 9 contracts
Samples: Underwriting Agreement (Highmark Funds /Ma/), Administration and Accounting Services Agreement (Tamarack Funds Trust), Administration and Accounting Services Agreement (First Defined Portfolio Management Fund LLC)
Notice of the Action. A party that seeks indemnification under this Agreement Section 13 must promptly give the other party notice of any legal action; provided, however, that . But a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action.
Appears in 5 contracts
Samples: Transfer Agency Services Agreement (Roxbury Funds), Custodian Services Agreement (Roxbury Funds), Accounting Services Agreement (Roxbury Funds)
Notice of the Action. A party that seeks indemnification under the terms of this Agreement must promptly give the other party written notice of any legal action; provided, however, that . But a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action.
Appears in 2 contracts
Samples: Agreement (Nassau Life Variable Universal Life Account), Agreement (Nassau Life Variable Accumulation Account)
Notice of the Action. A party that seeks indemnification under this Agreement must promptly give the other party written notice of any legal action; provided, however, that but a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action.
Appears in 1 contract
Samples: Transfer Agency Services Agreement (JNL Investors Series Trust)
Notice of the Action. A party that seeks indemnification under this Agreement Section 12(a), or 12(b) must promptly give the other party notice of any legal action; provided, however, that . However a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action.
Appears in 1 contract
Samples: Custodian Services Agreement (Wilshire Variable Insurance Trust)
Notice of the Action. A party that seeks indemnification under this Agreement must promptly give the other party notice of any legal action; provided, however, that a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action.. (ii) Participating in or Assuming the Defense. The indemnifying party may participate in the defense at any time or it may assume the defense by giving notice to the other party. After assuming the defense, the indemnifying party:
Appears in 1 contract
Samples: Board Administration Services Agreement (First Trust Exchange-Traded Alphadex Fund)
Notice of the Action. A party that seeks indemnification under this Agreement must promptly give the other party notice of any legal action; provided, however, that a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action.. (ii) Participating in or Assuming the Defense. The indemnifying party may participate in the defense at any time or it may assume the defense by giving
Appears in 1 contract
Samples: Transfer Agency Services Agreement (First Trust Global Credit Strategies Fund)
