Common use of Indemnification by Fund Clause in Contracts

Indemnification by Fund. FUND agrees to indemnify and hold harmless the COMPANY and each of its directors, officers, employees, and agents and each person, if any, who controls the COMPANY within the meaning of Section 15 of the 33 Act (collectively, the "Indemnified Parties" for the purposes of this Article VII) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of ADVISER which consent shall not be unreasonably withheld) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of FUND's shares or the Variable Contracts and:

Appears in 2 contracts

Samples: Fund Participation Agreement (Great American Reserve Insurance Co), Fund Participation Agreement (Great American Reserve Variable Annuity Account G)

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Indemnification by Fund. FUND agrees to indemnify and hold harmless the COMPANY and each of its directors, officers, employees, and agents and each person, if any, who controls the COMPANY within the meaning of Section 15 of the '33 Act (collectively, the "Indemnified Parties" for the purposes of this Article VII) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of ADVISER which consent shall not be unreasonably withheld) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of FUND's shares or the Variable Contracts and:

Appears in 1 contract

Samples: Fund Participation Agreement (Great American Reserve Variable Annuity Account F)

Indemnification by Fund. FUND agrees to indemnify and hold harmless the LIFE COMPANY and each of its directors, officers, employees, and agents and each person, if any, who controls the LIFE COMPANY within the meaning of Section 15 of the '33 Act (collectively, the "Indemnified Parties" for the purposes of this Article VII") against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of ADVISER FUND which consent shall not be unreasonably withheld) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of FUND's shares or the Variable Contracts and:

Appears in 1 contract

Samples: Fund Participation Agreement (Investors Mark Series Fund Inc)

Indemnification by Fund. FUND agrees to indemnify and hold harmless the COMPANY COMPANY, the principal underwriter ("Underwriter") in respect of the Variable Contracts issued by the COMPANY, and each of its their respective directors, officers, employees, and agents and each person, if any, who controls the COMPANY or Underwriter within the meaning of Section 15 of the `33 Act (each, a "COMPANY Indemnified Party", and collectively, the "COMPANY Indemnified Parties" for the purposes of this Article VII) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of ADVISER which consent shall not be unreasonably withheld) or litigation (including legal and other expenses) Indemnification Costs to which the COMPANY Indemnified Parties may become subject under any statute, or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements Indemnification Costs are related to the sale sale, distribution or acquisition of FUND's FUND shares or the Variable Contracts and:

Appears in 1 contract

Samples: Participation Agreement (First Variable Annuity Fund E)

Indemnification by Fund. FUND agrees to indemnify and hold harmless the LIFE COMPANY and each of its directors, officers, employees, employees and agents and each person, if any, who controls the LIFE COMPANY within the meaning of Section 15 of the 33 1933 Act (collectively, the "Indemnified Parties" for the purposes of this Article VII) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of ADVISER FUND which consent shall not be unreasonably withheld) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of FUND's shares or the Variable Contracts and:

Appears in 1 contract

Samples: Fund Participation Agreement (National Security Life & Annuity Co Variable Account L)

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Indemnification by Fund. FUND agrees to indemnify and hold harmless the COMPANY and each of its directors, officers, employees, and agents and each person, if any, who controls the COMPANY within the meaning of Section 15 of the `33 Act (collectively, the "Indemnified Parties" for the purposes of this Article VII) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of ADVISER which consent shall not be unreasonably withheld) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of FUND's shares or the Variable Contracts and:

Appears in 1 contract

Samples: Fund Participation Agreement (Lord Abbett Series Fund Inc)

Indemnification by Fund. FUND agrees to indemnify and hold harmless the COMPANY COMPANY, the principal underwriter ("Underwriter") in respect of the Variable Contracts issued by the COMPANY, and each of its their respective directors, officers, employees, and agents and each person, if any, who controls the COMPANY or Underwriter within the meaning of Section 15 of the `33 Act (each , a "COMPANY Indemnified Party", and collectively, the "COMPANY Indemnified Parties" for the purposes of this Article VII) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of ADVISER which consent shall not be unreasonably withheld) or litigation (including legal and other expenses) Indemnification Costs to which the COMPANY Indemnified Parties may become subject under any statute, or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements Indemnification Costs are related to the sale sale, distribution or acquisition of FUND's FUND shares or the Variable Contracts and:

Appears in 1 contract

Samples: Participation Agreement (First Variable Annuity Fund E)

Indemnification by Fund. FUND agrees to indemnify and hold harmless the COMPANY and each of its directors, officers, employees, and agents and each person, person if any, who controls the COMPANY within the meaning of Section 15 of the '33 Act (collectively, the "Indemnified Parties" for the purposes of this Article VII) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of ADVISER FUND which consent shall not be unreasonably withheld) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of FUND's shares or the Variable Contracts and:

Appears in 1 contract

Samples: Fund Participation Agreement (Mitchell Hutchins Series Trust/Ma/)

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