Common use of Indemnification Limitation of Liability Clause in Contracts

Indemnification Limitation of Liability. (i) The Company shall indemnify and hold harmless Gxxxxxxxx, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, “Losses”) arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, themselves, a court of competent jurisdiction, arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x gross negligence, bad faith or willful misconduct.

Appears in 8 contracts

Samples: Letter of Agreement (Rivernorth Opportunities Fund, Inc.), Letter of Agreement (Liberty All Star Equity Fund), Letter of Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.)

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Indemnification Limitation of Liability. (i) The Company shall indemnify and hold harmless Gxxxxxxxx, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, “Losses”) arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, themselves, a court of competent jurisdiction, arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x gross gxxxx negligence, bad faith or willful misconduct.

Appears in 4 contracts

Samples: Letter of Agreement (Clough Global Equity Fund), Letter of Agreement (Clough Global Equity Fund), Letter of Agreement (Clough Global Opportunities Fund)

Indemnification Limitation of Liability. (i) The Company shall indemnify and hold harmless GxxxxxxxxXxxxxxxxx, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, “Losses”) arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, themselves, a court of competent jurisdiction, arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x gross Xxxxxxxxx’x xxxxx negligence, bad faith or willful misconduct.

Appears in 3 contracts

Samples: Letter of Agreement (Clough Global Opportunities Fund), Letter of Agreement (Clough Global Dividend & Income Fund), Letter of Agreement (Clough Global Dividend & Income Fund)

Indemnification Limitation of Liability. (i) The Company shall indemnify and hold harmless GxxxxxxxxXxxxxxxxx, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, “Losses”) arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, themselves, a court of competent jurisdiction, arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x Xxxxxxxxx’x gross negligence, bad faith or willful misconduct.

Appears in 2 contracts

Samples: Letter of Agreement (Rivernorth Opportunities Fund, Inc.), Letter of Agreement (Rivernorth Opportunities Fund, Inc.)

Indemnification Limitation of Liability. (i) The Company Fund shall indemnify and hold harmless GxxxxxxxxXxxxxxxxx, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, “Losses”) arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, themselves, a court of competent jurisdiction, arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x gross Xxxxxxxxx’x xxxxx negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Letter of Agreement (Western Asset High Income Fund Ii Inc.)

Indemnification Limitation of Liability. (i) The Company shall indemnify and hold harmless Gxxxxxxxx, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, “Losses”) arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, themselves, a court of competent jurisdiction, arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x gross negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Rivernorth Opportunities Fund, Inc.

Indemnification Limitation of Liability. (i) The Company shall indemnify and hold harmless GxxxxxxxxGeorgeson, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, “Losses”) arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, themselves, a court of competent jurisdiction, arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x gross negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Letter of Agreement (Rivernorth Opportunities Fund, Inc.)

Indemnification Limitation of Liability. (i) The Company shall indemnify and hold harmless GxxxxxxxxGeorgeson, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, “Losses”) arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, themselves, a court of competent jurisdiction, arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x gross Gexxxxxxx’x xross negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Letter of Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.)

Indemnification Limitation of Liability. (i) The Company shall indemnify and hold harmless GxxxxxxxxXxxxxxxxx, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, “Losses”) arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, parties themselves, a court of competent jurisdiction, or arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x gross Xxxxxxxxx’x xxxxx negligence, bad faith faith, fraud or willful misconduct.

Appears in 1 contract

Samples: Letter of Agreement (Aberdeen Income Credit Strategies Fund)

Indemnification Limitation of Liability. (i) The Company shall indemnify and hold harmless Gxxxxxxxx, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, "Losses") arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, themselves, a court of competent jurisdiction, arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x gross Gxxxxxxxx'x gxxxx negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Letter of Agreement (RiverNorth Capital & Income Fund, Inc.)

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Indemnification Limitation of Liability. (i) The Company shall indemnify and hold harmless GxxxxxxxxXxxxxxxxx, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, “Losses”) arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, parties themselves, a court of competent jurisdiction, arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x Xxxxxxxxx’x gross negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Letter of Agreement (Cohen & Steers Quality Income Realty Fund Inc)

Indemnification Limitation of Liability. (i) The Company shall indemnify and hold harmless Gxxxxxxxx, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, "Losses") arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, themselves, a court of competent jurisdiction, arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x Gxxxxxxxx'x gross negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Reaves Utility Income Fund

Indemnification Limitation of Liability. (i) The Company shall indemnify and hold harmless Gxxxxxxxx, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, “Losses”) arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, parties themselves, a court of competent jurisdiction, or arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x gross gxxxx negligence, bad faith faith, fraud or willful misconduct.

Appears in 1 contract

Samples: Letter of Agreement (Aberdeen Income Credit Strategies Fund)

Indemnification Limitation of Liability. (i) The Company shall indemnify and hold harmless GxxxxxxxxXxxxxxxxx, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, “Losses”) arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, themselves, a court of competent jurisdiction, arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x Xxxxxxxxx’x gross negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Letter of Agreement (Liberty All Star Growth Fund Inc.)

Indemnification Limitation of Liability. (i) The Company shall indemnify and hold harmless GxxxxxxxxXxxxxxxxx, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, “Losses”) arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, parties themselves, a court of competent jurisdiction, or arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x Xxxxxxxxx’x gross negligence, bad faith faith, fraud or willful misconduct.

Appears in 1 contract

Samples: Letter of Agreement (Angel Oak Financial Strategies Income Term Trust)

Indemnification Limitation of Liability. (i) The Company Fund shall indemnify and hold harmless GxxxxxxxxGeorgeson, its affiliates and their respective stockholders, officers, directors, employees and agents from and against any and all losses, claims, damages, costs, charges, reasonable counsel fees and expenses, payments, expenses and liability (collectively, “Losses”) arising out of or relating to the performance of the Services, including the reasonable costs and expenses of defending against any Loss or enforcing this Agreement, except to the extent such Losses shall have been determined by the parties, themselves, a court of competent jurisdiction, arbitrator, mediator or other neutral objective third party trier of fact mutually agreed upon between the parties to be a result of Gxxxxxxxx’x gross Xxxxxxxxx’x xxxxx negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Letter of Agreement (Western Asset High Income Fund Ii Inc.)

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