Acting on instructions. Subject to complying with our duty to exercise reasonable care and skill and other obligations under the Consumer Guarantees Act 1993, but otherwise irrespective of anything else stated in these Terms and Conditions, we: • may decline to act or delay acting on any instructions given where we consider that we have good reason to do so; and • may, where your Credit Card Account can be accessed by telephone or by any electronic means, assume that any telephone or electronic instructions received using your PIN or access number and password are authorised by you.
Acting on instructions. X.X. Xxxxxx shall follow Instructions received regarding cash and Financial Assets held in the Accounts. However, until it receives Instructions to the contrary, X.X. Xxxxxx shall:
(a) Collect on a timely basis and/or receive all income, dividends and other payments payable on the Financial Assets to which Customer is entitled either by law or pursuant to custom in the securities business, and credit such payments to the appropriate Cash Account of Customer.
(b) Present for payment any Financial Assets which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that X.X. Xxxxxx or Subcustodian is actually aware of such opportunities, subject to the X.X. Xxxxxx’x obligations hereunder to follow coupon payments, redemptions, exchanges or similar matters with respect to Financial Assets in the Custody Account and advise Customer of rights issued, tender offers or any other discretionary rights with respect to such Financial Assets.
(c) Execute in the name of Customer such ownership and other certificates as may be required to obtain payments in respect of Financial Assets.
(d) Exchange interim receipts or temporary Financial Assets for definitive Financial Assets.
(e) Appoint brokers and agents for any transaction involving the Financial Assets, including, without limitation, Affiliates of X.X. Xxxxxx or any Subcustodian, in accordance with accepted industry practices in the relevant market.
(f) Upon receipt of Instruction from Customer, pay or cause to be paid bills, statements, or other obligations of the Customer, insofar as funds are available for such payments.
(g) Perform all duties in a timely manner and use reasonable efforts to maintain records sufficient to enable Customer to determine and verify information concerning the custody of its assets.
Acting on instructions. The Bank reserves the right to refuse to act upon such Electronic Instructions at its sole discretion and demand written instructions in lieu thereof.
Acting on instructions. The Firm may in its absolute discretion refuse to act on Instructions. If any Instructions are incomplete, unclear, ambiguous, and/or in conflict with others the Firm may in its absolute discretion and without any liability on its part, act upon what the Firm believes in good faith them to be or refuse to act on them until any incompleteness, unclarity, ambiguity or conflict has been resolved to the Firm’s satisfaction. Any Instruction shall be conclusively deemed to be a valid Instruction from the Client to the Firm if the Firm believe it to be genuine. The Client is responsible for any loss, claim or expense incurred by the Firm for following or attempting to follow any Instructions.
Acting on instructions. Unclear Instructions 9
Acting on instructions. Method of Instruction and Unclear Instructions
(a) The Customer authorizes J.X. Xxxxxx to accept, rely upon and/or act upon any Instructions received by it without inquiry. The Customer will indemnify the J.X. Xxxxxx Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against the J.X. Xxxxxx Indemnitees as a result of any action or omission taken in accordance with any Instruction.
(b) To the extent possible, instructions to J.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to J.X. Xxxxxx or via facsimile transmission. Where reasonably practicable, the Customer will use automated and electronic methods of sending Instructions.
(c) J.X. Xxxxxx shall promptly notify an Authorized Person if J.X. Xxxxxx determines that an Instruction does not contain all information reasonably necessary for J.X. Xxxxxx to carry out the Instruction. J.X. Xxxxxx may decline to act upon an Instruction if it does not receive clarification or confirmation satisfactory to it. J.X. Xxxxxx will not be liable for any loss arising from any reasonable delay in carrying out any such Instruction while it seeks information, clarification or confirmation or in declining to act upon any Instruction for which it does not receive clarification satisfactory to it.
Acting on instructions. Method of Instruction; and Unclear Instructions.
(a) The Customer authorizes X.X. Xxxxxx to accept, rely upon and/or act upon any Instructions received by it without inquiry. The Customer is solely responsible for the accuracy and completeness of Instructions, their proper delivery to X.X. Xxxxxx, for updating such Instructions as may be necessary to ensure continued accuracy and completeness, and for monitoring their status. X.X. Xxxxxx will not be responsible for any Liabilities resulting from the Customer’s failure to perform these responsibilities. The Customer will indemnify the X.X. Xxxxxx Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against the X.X. Xxxxxx Indemnitees as a result of any action or omission taken in accordance with any Instruction, except to the extent that such Liabilities are caused by the fraud, negligence or willful misconduct of the X.X. Xxxxxx Indemnitees in the manner in which it carries out the Instruction.
(b) To the extent possible, Instructions to X.X. Xxxxxx shall be sent via an encrypted, electronic means using technology consistent with industry standards, or a trade information system acceptable to X.X. Xxxxxx.
(c) X.X. Xxxxxx shall promptly notify an Authorized Person, if X.X. Xxxxxx determines that an Instruction does not contain all information reasonably necessary for X.X. Xxxxxx to carry out the Instruction. X.X. Xxxxxx may decline to act upon an Instruction if it does not receive missing information, clarification or confirmation satisfactory to it. X.X. Xxxxxx will not be liable for any Liabilities arising from any reasonable delay in carrying out any such Instruction while it seeks any such missing information, clarification or confirmation or in declining to act upon any Instruction for which it does not receive such missing information, clarification or confirmation satisfactory to it.
Acting on instructions. (a) The Branch may act on instructions in accordance with this agreement from, or purporting to be from. Authorized Person(s) until the Branch has received written notice to the contrary.
(b) The Branch will act upon instructions given in accordance with this agreement during the Branch’s usual banking hours on the earliest banking day possible, as determined by the time of receipt and the type of transaction required.
Acting on instructions. 1. OSC authorizes the Custodian to accept, rely upon, and/or act upon any Instructions it receives from OSC that are reasonably believed by the Custodian to be genuine and to have been properly executed or otherwise given by an Authorized Person.
2. Instructions shall be in writing signed by an Authorized Person, delivered in a tested communication effected between electronic devices or by such other means as may be agreed to from time to time in advance and in writing (which may be provided by email) by the Custodian and OSC. OSC will, where reasonably practicable, use automated and electronic methods of sending Instructions.
3. On or about the same date of this Agreement, OSC and DTF shall provide to Custodian a correspondence that identifies a list of Authorized Persons and
4. OSC shall cause its Authorized Persons to certify to the Custodian, in writing, the names and specimen signatures of such persons authorized to give Instructions. Such certificate shall be conclusive evidence (i) of the authority of any person to act in accordance with such certificate, or (ii) of any determination or of any action by OSC or the Authorized Person as described in such certificate, and such certificate may be considered in full force and effect until receipt by the Custodian of written notice to the contrary. The Custodian shall be entitled to rely upon the identity and authority of such Authorized Persons until it receives and has had reasonable time to act upon Instructions from OSC or its Authorized Person to the contrary. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded.
5. The Custodian and OSC shall comply with any applicable Security Procedures with respect to the delivery or authentication of Instructions and shall ensure that any codes, passwords, or similar devices are reasonably safeguarded. Either party may record any of their telephone communications.
6. The Custodian shall be protected in following any Instruction reasonably believed by it to be genuine and to have been properly executed or otherwise given by an Authorized Person, provided that the Custodian carried out such Instruction without negligence, fraud or willful misconduct and in accordance with its obligations herein.
7. The Custodian has established cut-off times for receipt of Instructions, which have been made available to OSC and which may be reasonably modified by the Custodian from time to time upon reasonable a...
Acting on instructions. 17.1 For the purposes of paragraph 4 of the EEA PSD Schedule, a 'business day' means a day on which the relevant payment service providers involved in the execution of a payment transaction are open for business as required for the execution of a payment transaction. Our Frankfurt branch is open for business on all working days but not on Xxxxxxxxx, xxx 24 and 31 December, general official holidays (bundeseinheitliche Feiertage) or regional official holidays (regionale Feiertage). UK & EEA PSDPAYMENT SERVICES SCHEDULE
