Common use of SETTLEMENT; CONTRIBUTION Clause in Contracts

SETTLEMENT; CONTRIBUTION. The indemnifying party shall not be liable under this Agreement for any settlement made by an indemnified party without the indemnifying party's prior written consent, and the indemnifying party agrees to indemnify and hold harmless any indemnified party from and against any loss or liability by reason of the settlement of any claim or action with the consent of the indemnifying party. The indemnifying party shall not settle any such claim or action without prior written consent of the indemnified party. If the foregoing indemnifications should, for reasons of public policy, not be available to any indemnified party, then the indemnifying party will contribute to the amount paid or payable by the indemnified party as a result of such loss, claim, damage or liability in such proportion as is appropriate to reflect the relative benefits received by the indemnifying party on the one hand and such indemnified party on the other arising out of the matters contemplated by this Agreement.

Appears in 13 contracts

Samples: Advantus Funds Dealer Sales Agreement (Advantus Spectrum Fund Inc), Advantus Funds Dealer Sales Agreement (Advantus Real Estate Securities Fund Inc), Advantus Funds Dealer Sales Agreement (Advantus Real Estate Securities Inc)

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SETTLEMENT; CONTRIBUTION. The indemnifying party shall not be liable under this Agreement for any settlement made by an indemnified party without the indemnifying party's prior written consent, and the indemnifying party agrees to indemnify and hold harmless any indemnified party from and against any loss or liability by reason of the settlement of any claim or action with the consent of the indemnifying party. The indemnifying party shall not settle any such claim or action without prior written consent of the indemnified party. If the foregoing indemnifications should, for reasons of public policy, not be available to any indemnified party, then the indemnifying party will contribute to the amount paid or payable by the indemnified party as a result of such loss, claim, damage or liability in such proportion as is appropriate to reflect the relative benefits received by the indemnifying party on the one hand and such indemnified party on the other arising out of the matters contemplated by this Agreement.

Appears in 2 contracts

Samples: Dealer Selling Agreement (Variable Annuity Account), Dealer Selling Agreement (Variable Annuity Account)

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SETTLEMENT; CONTRIBUTION. The indemnifying party shall not be liable under this Agreement for any settlement made by an indemnified party without the indemnifying party's prior written consent, and the indemnifying party agrees to indemnify and hold harmless any indemnified party from and against any loss or liability by reason of the settlement of any claim or action with the consent of the indemnifying party. The indemnifying party shall not settle any such claim or action without prior written consent of the indemnified party. If the foregoing indemnifications should, for reasons of public policy, not be available to any indemnified party, then the indemnifying party will contribute to the amount paid or payable by the indemnified party as a result of such loss, claim, damage or liability in such proportion as is appropriate to reflect the relative benefits received by the indemnifying party on the one hand and such indemnified party on the other arising out of the matters contemplated by this Agreement.

Appears in 1 contract

Samples: Dealer Selling Agreement (Variable Annuity Account)

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