Common use of Indemnification by Custodian Clause in Contracts

Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Company from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.

Appears in 7 contracts

Samples: Custody Agreement (American Eagle Funds Inc), Custody Agreement (Usa Reit Fund LLC), Custody Agreement (Tortoise Energy Infrastructure Corp)

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Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Company Trust from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.

Appears in 5 contracts

Samples: Custody Agreement (Intrepid Capital Management Funds Trust), Custody Agreement (Intrepid Capital Management Funds Trust), Custody Agreement (Cullen Funds Trust)

Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Company Corp from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.

Appears in 3 contracts

Samples: Custody Agreement (Brandywine Blue Fund Inc), Custody Agreement (Brandywine Fund Inc), Custody Agreement (Fmi Mutual Funds Inc)

Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Company Corp from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.

Appears in 3 contracts

Samples: Custody Agreement (Reynolds Funds Inc), Custody Agreement (Fmi Funds Inc), Custody Agreement (Fmi Common Stock Fund Inc)

Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Company Corporation from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.

Appears in 3 contracts

Samples: Custody Agreement (Norcap Funds Inc), Custodian Agreement (Tanaka Funds Inc), Amended and Restated (Chaconia Income & Growth Fund Inc)

Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Company Corporation from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.

Appears in 2 contracts

Samples: Custody Agreement (Perritt Microcap Opportunities Fund Inc), Custody Agreement (Perritt Funds Inc)

Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Company from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.

Appears in 2 contracts

Samples: Custody Agreement (Tortoise Capital Resources Corp), Custody Agreement (Tortoise Energy Capital Corp)

Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Company from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith faith, recklessness, fraud, or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.

Appears in 1 contract

Samples: Custody Agreement (Prospect Energy Corp)

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Indemnification by Custodian. The Custodian shall indemnify and ---------------------------- hold harmless the Company Trust from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.

Appears in 1 contract

Samples: Custody Agreement (Ayco Series Trust)

Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Company Trust from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian SubCustodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.

Appears in 1 contract

Samples: Custodian Agreement (Financial Investors Trust)

Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Company from and against any loss, damage, cost, expense (including reasonable attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Custodian.

Appears in 1 contract

Samples: Custody Agreement (Brantley Mezzanine Capital Corp)

Indemnification by Custodian. The Custodian shall indemnify and hold harmless the Company from and against any loss, damage, cost, expense (including attorneys' fees and disbursements), liability (including without limitation, liability arising under the Securities Act of 1933, the 1934 Act, the 1940 Act, and any state or foreign securities and/or banking laws) or claim arising from the negligence, bad faith or willful misconduct of the Custodian or any Sub-Custodian appointed pursuant to Section 3.3 above, or any nominee of the Custodian or of such Sub-Sub- Custodian.

Appears in 1 contract

Samples: Custody Agreement (Mexico Equity & Income Fund Inc)

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