Common use of Indemnification by the Underwriter Clause in Contracts

Indemnification by the Underwriter. (a) The Underwriter, on its own behalf and on behalf of the Fund, agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the "indemnified parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Underwriter) or litigation (including reasonable legal and other expenses) to which the indemnified parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:

Appears in 32 contracts

Samples: Participation Agreement (Lincoln Life Flexible Premium Variable Life Account S), Participation Agreement (Lincoln Life Flexible Premium Variable Life Account M), Participation Agreement (Lincoln Life Flexible Premium Variable Life Account M)

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Indemnification by the Underwriter. (a) The UnderwriterUnderwriter agrees, on its own behalf and on behalf of the Fundwith respect to each Portfolio that it distributes, agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under section 15 of the federal securities laws 1933 Act (collectively, the "indemnified partiesINDEMNIFIED PARTIES" for purposes of this Section 8.26.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Underwriter) or litigation (including reasonable legal and other expenses) to which the indemnified parties Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlementssettlements are related to the sale or acquisition of the shares of the Portfolios that it distributes or the Contracts and:

Appears in 22 contracts

Samples: Retail Fund Participation Agreement (Hartford Life Insurance Co Separate Account 11), Retail Fund Participation Agreement (Hartford Life Insurance Co Separate Account 11), Retail Fund Participation Agreement (Hartford Life Insurance Co Separate Account 11)

Indemnification by the Underwriter. (a) The Underwriter, on its own behalf and on behalf of the Fund, agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws and any director, officer, employee or agent of the foregoing (collectively, the "indemnified parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Underwriter) or litigation (including reasonable legal and other expenses) to which the indemnified parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:

Appears in 3 contracts

Samples: Participation Agreement (Occ Accumulation Trust), Participation Agreement (Occ Accumulation Trust), Participation Agreement (Riversource of New York Variable Annuity Account 2)

Indemnification by the Underwriter. (a) The Underwriter, on its own behalf and on behalf of the Fund, agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the "indemnified partiesIndemnified Parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Underwriter) or litigation (including reasonable legal and other expenses) to which the indemnified parties Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:

Appears in 2 contracts

Samples: Participation Agreement (Il Annuity & Insurance Co Separate Account 1), Bankers Life Insurance Co of New York Separate Account I

Indemnification by the Underwriter. (a) The Underwriter, on its own behalf and on behalf of the Fund, Underwriter agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws and any director, trustee, officer, partner, employee or agent of the foregoing (collectively, the "indemnified partiesIndemnified Parties" for purposes of this Section 8.2) against any and all losses, claims, expenses, damages, liabilities (including amounts paid in settlement with the written consent of the Underwriter) or litigation (including reasonable legal and other expenses) to which the indemnified parties Indemnified Parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:

Appears in 2 contracts

Samples: Participation Agreement (Ids Life of New York Flexible Portfolio Annuity Account), Participation Agreement (American Express Platinum Variable Annuity Sm)

Indemnification by the Underwriter. (a) The Underwriter, on its own behalf and on behalf of the Fund, agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms term under the federal securities laws (collectively, the "indemnified parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Underwriter) or litigation (including reasonable legal and other expenses) to which the indemnified parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:

Appears in 2 contracts

Samples: Participation Agreement (First Providian Life & Health Insur Co Separate Account C), Participation Agreement (Occ Accumulation Trust)

Indemnification by the Underwriter. (a) The Underwriter, on its own behalf and on behalf of the Fund, agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws and any director, officer, employee or agent of the foregoing (collectively, the "indemnified parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Underwriter) or litigation (including reasonable legal and other expenses) to which the indemnified parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:

Appears in 2 contracts

Samples: Participation Agreement (Premier Vit), Participation Agreement (Premier Vit)

Indemnification by the Underwriter. (a) 10.2(a). The Underwriter, on its own behalf and on behalf of the Fund, Underwriter agrees to indemnify and hold harmless the Company and each of its directors, officersofficers and employees, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under Section 15 of the federal securities laws 1933 Act (collectively, the "indemnified partiesIndemnified Parties" and individually, an "Indemnified Party," for purposes of this Section 8.210.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Underwriter) or litigation (including reasonable legal and other expenses) to which the indemnified parties Indemnified Parties may become subject under any statute, statute or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlementssettlements are related to the sale or acquisition of shares of the Fund's shares and:

Appears in 1 contract

Samples: Participation Agreement (Cuna Mutual Variable Annuity Account)

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Indemnification by the Underwriter. (a) The Underwriter, Underwriter on its own behalf and on behalf of the Fund, agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws and any director, officer, employee or agent of the foregoing (collectively, the "indemnified parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Underwriter) or litigation (including reasonable legal and other expenses) to which the indemnified parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:

Appears in 1 contract

Samples: Participation Agreement (Acl Variable Annuity Account 2)

Indemnification by the Underwriter. (a) The Underwriter, on its own behalf and on behalf of the Fund, agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws (collectively, the "indemnified parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Underwriter) or litigation (including reasonable legal and other expenses) to which the indemnified parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:

Appears in 1 contract

Samples: Participation Agreement (ALAC Separate Account 1)

Indemnification by the Underwriter. (a8.2(a) The Underwriter, on its own behalf and on behalf of the Fund, Underwriter agrees to indemnify and hold harmless the Company and each of its directors, officersofficers and employees, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under Section 1.5 of the federal securities laws 1933 Act (collectively, the "indemnified parties" “Indemnified Parties” and individually, an “Indemnified Party,” for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Underwriter) or litigation (including reasonable legal and other expenses) to which the indemnified parties Indemnified Parties may become subject under any statute, statute or regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlementssettlements are related to the sale or acquisition of shares of a Portfolio and:

Appears in 1 contract

Samples: Participation Agreement (Variable Annuity Account A)

Indemnification by the Underwriter. (a) ). The Underwriter, Underwriter on its own behalf and on behalf of the Fund, agrees to indemnify and hold harmless the Company and each of its directors, officers, employees or agents and each person, if any, who controls or is associated with the Company within the meaning of such terms under the federal securities laws and any director, officer, employee or agent of the foregoing (collectively, the "indemnified parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Underwriter) or litigation (including reasonable legal and other expenses) to which the indemnified parties may become subject under any statute, regulation, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements:

Appears in 1 contract

Samples: 1 Participation Agreement (Acl Variable Annuity Account 2)

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