Common use of Indemnification by CTC Clause in Contracts

Indemnification by CTC. CTC shall indemnify and hold harmless the Trust and each Fund from and against any and all costs, expenses, damages, liabilities or claims (including reasonable attorney's and accountants' fees) arising from any failure by CTC to perform its obligations under this Agreement at the standard of care to which it is held in Section 2.2 above if such failure arises from bad faith, willful misconduct or negligence on the part of CTC, provided that neither the Trust nor any Fund shall be indemnified and held harmless from and against (A) any such costs, expenses, damages, liabilities or claims arising from bad faith, willful misconduct or negligence on the part of the Trust or such Fund, or (B) special, incidental or consequential damages, even if CTC has been advised of the possibility of such damages.

Indemnification by CTC. CTC shall indemnify and hold harmless the Trust and each Fund from and against any and all costs, expenses, damages, liabilities or claims (including reasonable attorney's and accountants' fees) arising from any failure by CTC to perform its obligations under this Agreement at the standard of care to which it is held in Section 2.2 above if such failure arises from bad faith, willful misconduct or negligence on the part of CTC, provided that neither the Trust nor any Fund shall be indemnified and held harmless from and against (Aa) any such costs, expenses, damages, liabilities or claims arising from bad faith, willful misconduct or negligence on the part of the Trust or such Fund, or (Bb) special, incidental or consequential damages, even if CTC has been advised of the possibility of such damages.