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.
Appears in 4 contracts
Samples: Fund Services Agreement (Palmer Square Funds Trust), Fund Services Agreement (Impax Funds Series Trust I), Fund Services Agreement (DoubleLine ETF Trust)
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 . The Customer acknowledges and agrees that such Liabilities are caused by the X.X. Xxxxxx acting on Instructions as aforesaid will not constitute fraud, negligence or negligence, willful misconduct default on the part of the X.X. Xxxxxx Indemnitees in the manner in which it carries out the InstructionXxxxxx.
(b) To the extent possible, Instructions instructions to X.X. Xxxxxx shall be sent via an encrypted, electronic means using technology consistent with industry standards, instruction or a trade information system acceptable to X.X. XxxxxxXxxxxx or via facsimile transmission. Where reasonably practicable, the Customer will use automated and electronic methods of sending Instructions.
(c) X.X. Xxxxxx shall promptly notify an Authorized Person, 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 loss 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.
Appears in 4 contracts
Samples: Global Custody Agreement (Ubs Relationship Funds), Global Custody Agreement (Sma Relationship Trust), Global Custody Agreement (Ubs Funds)
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 InstructionInstruction unless the Liabilities result from an act of negligence, except to the extent that such Liabilities are caused by the fraud, negligence fraud or willful misconduct on the part of the X.X. Xxxxxx Indemnitees in with respect to the manner in which it carries out the Instructionsuch Instructions are followed.
(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 PersonPerson or Shareholder, as applicable, 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 loss 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.
(c) Where reasonably practicable, the Customer will use automated and electronic methods of sending Instructions.
Appears in 4 contracts
Samples: Fund Services Agreement (First Eagle Funds), Fund Services Agreement (First Eagle Funds), Fund Services Agreement (First Eagle Credit Opportunities Fund)
Acting on Instructions; Method of Instruction and Unclear Instructions. (a) The Customer authorizes X.X. J.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. J.X. Xxxxxx, for updating such Instructions as may be necessary to ensure their continued accuracy and completeness, and for monitoring their status. X.X. J.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. 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 X.X. J.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. a J.X. Xxxxxx Indemnitees Indemnitee in the manner in which it carries out the Instruction.
(b) To the extent possible, Instructions to X.X. J.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. J.X. Xxxxxx.
(c) X.X. J.X. Xxxxxx shall promptly notify an Authorized Person, Person if X.X. J.X. Xxxxxx determines that an Instruction does not contain all information reasonably necessary for X.X. J.X. Xxxxxx to carry out the Instruction. X.X. J.X. Xxxxxx may decline to act upon an Instruction if it does not receive missing information, clarification or confirmation satisfactory to it. X.X. J.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 clarification, or confirmation satisfactory to it.
Appears in 4 contracts
Samples: Global Custody Agreement (Impax Funds Series Trust I), Global Custody Agreement (Aetos Distressed Investment Strategies Fund LLC), Global Custody Agreement (Aetos Long/Short Strategies Fund LLC)
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 InstructionInstruction unless the Liabilities result from an act of negligence, except to the extent that such Liabilities are caused by the fraud, negligence fraud or willful misconduct on the part of the X.X. Xxxxxx Indemnitees in with respect to the manner in which it carries out the Instructionsuch Instructions are followed.
(b) To the extent possible, Instructions instructions to X.X. Xxxxxx shall be sent via an encrypted, electronic means using technology consistent with industry standards, instruction or a trade information system acceptable to X.X. XxxxxxXxxxxx or via facsimile transmission. Where reasonably practicable, the Customer will use automated and electronic methods of sending instructions.
(c) X.X. Xxxxxx shall promptly notify an Authorized Person, 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 loss 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.
Appears in 2 contracts
Samples: Global Custody Agreement (First Eagle Funds), Global Custody Agreement (First Eagle Credit Opportunities Fund)
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 their 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 a X.X. Xxxxxx Indemnitees Indemnitee 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, 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 clarification, or confirmation satisfactory to it.. Global Custody Agreement - New York - January 2021
Appears in 2 contracts
Samples: Global Custody Agreement (Popular Total Return Fund Inc), Global Custody Agreement (Popular High Grade Fixed-Income Fund, Inc.)
Acting on Instructions; Method of Instruction and Unclear Instructions. (a) The Customer authorizes X.X. J.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. J.X. Xxxxxx, for updating such Instructions as may be necessary to ensure continued accuracy and completeness, and for monitoring their status. X.X. J.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. 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 X.X. J.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. J.X. Xxxxxx Indemnitees in the manner in which it carries out the Instruction.
(b) To the extent possible, Instructions to X.X. J.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. J.X. Xxxxxx.
(c) X.X. J.X. Xxxxxx shall promptly notify an Authorized Person, if X.X. J.X. Xxxxxx determines that an Instruction does not contain all information reasonably necessary for X.X. J.X. Xxxxxx to carry out the Instruction. X.X. J.X. Xxxxxx may decline to act upon an Instruction if it does not receive missing information, clarification or confirmation satisfactory to itit (J.X. Xxxxxx acting reasonably). X.X. J.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 itit provided such loss is not as a result of fraud, negligence, bad faith or willful misconduct on the part of J.X. Xxxxxx.
Appears in 2 contracts
Samples: Fund Services Agreement (Brookfield Infrastructure Income Fund Inc.), Fund Services Agreement (Brookfield Infrastructure Income Fund Inc.)
Acting on Instructions; Method of Instruction and Unclear Instructions. (a) The Customer Lender authorizes X.X. Xxxxxx to accept, rely upon and/or accept and act upon any Instructions received by it without inquiry. The Customer Lender is solely responsible for the accuracy and completeness of Instructions, their proper delivery of Instructions to X.X. Xxxxxx, for updating such Instructions as may be necessary to ensure their continued accuracy and completeness, and for monitoring their status. X.X. Xxxxxx will not be responsible for any Liabilities resulting from the CustomerLender’s failure to perform these responsibilities. The Customer Lender 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 arise out of or are caused by the fraud, negligence or willful misconduct of the any 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 confirmed as acceptable to X.X. Xxxxxx.
(c) X.X. Xxxxxx shall promptly notify an Authorized Person, 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.
Appears in 1 contract
Acting on Instructions; Method of Instruction and Unclear Instructions. (a) The Customer Trust authorizes X.X. Xxxxxx to accept, rely upon and/or accept and act upon any Instructions received by it without inquiry. The Customer Trust 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 CustomerTrust’s failure to perform these responsibilities. .
(b) The Customer Trust 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 Xxxxxxxxxxx as a result of any action or omission taken in accordance with any InstructionInstruction or other directions upon which X.X. Xxxxxx is authorized to rely under the terms of this Agreement, 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 Instructionsuch Instruction or direction.
(bc) 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. The use of a JPMC API by the Trust to provide Instructions to X.X. Xxxxxx shall be subject to the terms of Annex I, in addition to any other applicable terms in this Agreement.
(cd) 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.. ETF Agency Services Agreement – August 2021
Appears in 1 contract
Samples: Agency Services Agreement (Palmer Square Funds Trust)
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 their 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 a X.X. Xxxxxx Indemnitees Indemnitee 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, 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 clarification, or confirmation satisfactory to it.
Appears in 1 contract
Acting on Instructions; Method of Instruction and Unclear Instructions. (a) The Customer authorizes X.X. J.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. J.X. Xxxxxx, for updating such Instructions as may be necessary to ensure continued accuracy and completeness, and for monitoring their status. X.X. J.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. 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 X.X. J.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 willfill misconduct of the X.X. J.X. Xxxxxx Indemnitees in the manner in which it carries out the Instruction.
(b) To the extent possible, Instructions to X.X. J.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. J.X. Xxxxxx.
(c) X.X. J.X. Xxxxxx shall promptly notify an Authorized Person, if X.X. J.X. Xxxxxx determines that an Instruction does not contain all information reasonably necessary for X.X. J.X. Xxxxxx to carry out the Instruction. X.X. J.X. Xxxxxx may decline to act upon an Instruction if it does not receive missing information, clarification or confirmation satisfactory to it. X.X. J.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.
Appears in 1 contract
Samples: Fund Services Agreement (Impax Funds Series Trust Iii)
Acting on Instructions; Method of Instruction and Unclear Instructions. (a) The Customer Trust authorizes X.X. Xxxxxx to accept, rely upon and/or accept and act upon any Instructions received by it without inquiry. The Customer Trust 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 CustomerTrust’s failure to perform these responsibilities. .
(b) The Customer Trust 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 Xxxxxxxxxxx as a result of any action or omission taken in accordance with any InstructionInstruction or other directions upon which X.X. Xxxxxx is authorized to rely under the terms of this Agreement, 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 Instructionsuch Instruction or direction.
(bc) 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.
(cd) 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.
Appears in 1 contract
Samples: Agency Services Agreement (Morgan Stanley ETF Trust)
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 their 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 a X.X. Xxxxxx Indemnitees Indemnitee 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, 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 clarification, or confirmation satisfactory to it.. Global Custody Agreement – New York – January 2021
Appears in 1 contract
Samples: Global Custody Agreement (Popular Income Plus Fund, Inc.)
Acting on Instructions; Method of Instruction and Unclear Instructions. (a) The Customer authorizes X.X. J.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. J.X. Xxxxxx, for updating such Instructions as may be necessary to ensure their continued accuracy and completeness, and for monitoring their status. X.X. J.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. 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 X.X. J.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. a J.X. Xxxxxx Indemnitees Indemnitee in the manner in which it carries out the Instruction.
(b) To the extent possible, Instructions to X.X. J.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. J.X. Xxxxxx.
(c) X.X. J.X. Xxxxxx shall promptly notify an Authorized Person, Person if X.X. J.X. Xxxxxx determines that an Instruction does not contain all information reasonably necessary for X.X. J.X. Xxxxxx to carry out the Instruction. X.X. J.X. Xxxxxx may decline to act upon an Instruction if it does not receive missing information, clarification or confirmation satisfactory to it. X.X. J.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 clarification, or confirmation satisfactory to it.. Global Custody Agreement - New York - January 2022 12
Appears in 1 contract
Samples: Global Custody Agreement (Brookfield Infrastructure Income Fund Inc.)
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 For the accuracy and completeness avoidance of Instructionsdoubt, their proper delivery however, the foregoing shall not affect X.X. Xxxxxx’x obligation to X.X. Xxxxxxperform a reasonableness review of data received from third parties as required under Section 7.4 of this Agreement or otherwise agreed by the parties, for updating such Instructions as may be necessary to ensure continued accuracy and completeness, and for monitoring their status. unless X.X. Xxxxxx will receives an Instruction specifically directing it not be responsible for any Liabilities resulting from the Customer’s failure to perform these responsibilitiesdo so. 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 provided that such Liabilities are caused by the fraud, negligence or willful misconduct of the X.X. Xxxxxx Indemnitees shall not be indemnified against or held harmless from any liability arising out of X.X. Xxxxxx’x breach of X.X. Xxxxxx’x Standard of Care in the manner in which it carries out the such 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, instruction or a trade information system acceptable to X.X. XxxxxxXxxxxx or via facsimile transmission. Where reasonably practicable, the Customer will use automated and electronic methods of sending Instructions.
(c) X.X. Xxxxxx shall promptly notify an Authorized Person, 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 reasonably 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 clarification reasonably satisfactory to it, provided that such missing information, clarification or confirmation satisfactory to itis sought in good faith and promptly upon receipt of the relevant Instruction.
Appears in 1 contract
Acting on Instructions; Method of Instruction and Unclear Instructions. (a) The Customer Trust authorizes X.X. Xxxxxx to accept, rely upon and/or accept and act upon any Instructions received by it without inquiry. The Customer Trust 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 CustomerTrust’s failure to perform these responsibilities. .
(b) The Customer Trust 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 Xxxxxxxxxxx as a result of any action or omission taken in accordance with any InstructionInstruction or other directions upon which X.X. Xxxxxx is authorized to rely under the terms of this Agreement, 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 Instructionsuch Instruction or direction.
(bc) 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.
. The use of a JPMC API by the Trust to provide Instructions to X.X. Xxxxxx shall be subject to the terms of Annex I, in addition to any other applicable terms in this Agreement. (cd) 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.ETF Agency Services Agreement – August 2021
Appears in 1 contract
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 , subject to the accuracy and completeness standard 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 responsibilitiescare set forth in Section 7. 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 result from X.X. Xxxxxx Indemnitees’ fraud, negligence or willful misconduct of the X.X. Xxxxxx Indemnitees in the manner in which it carries out the Instructionmisconduct.
(b) To the extent possible, Instructions instructions to X.X. Xxxxxx shall be sent via an encrypted, electronic means using technology consistent with industry standards, instruction or a trade information system acceptable to X.X. XxxxxxXxxxxx or via facsimile transmission. Where reasonably practicable, the Customer will use automated and electronic methods of sending Instructions.
(c) X.X. Xxxxxx shall promptly notify an Authorized Person, 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 loss 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. X.X. Xxxxxx will notify the Customer within a reasonably practicable time in the event X.X. Xxxxxx does not act upon an Instruction.
Appears in 1 contract
Acting on Instructions; Method of Instruction and Unclear Instructions. (a) The Customer Trust authorizes X.X. Xxxxxx to accept, rely upon and/or accept and act upon any Instructions received by it without inquiry. The Customer Trust 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 CustomerTrust’s failure to perform these responsibilities. .
(b) The Customer Trust 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 Xxxxxxxxxxx as a result of any action or omission taken in accordance with any InstructionInstruction or other directions upon which X.X. Xxxxxx is authorized to rely under the terms of this Agreement, 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 Instructionsuch Instruction or direction.
(bc) 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.
(cd) 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.. ETF Agency Services Agreement – August 2021
Appears in 1 contract
Acting on Instructions; Method of Instruction and Unclear Instructions. (a) The Customer authorizes X.X. Xxxxxx to acceptJ.P. Moxxxx xx xxxept, 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 J.P. Moxxxx Xxxxxxitees 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 J.P. Moxxxx Xxxxxxitees 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 instructions to X.X. Xxxxxx shall J.P. Moxxxx xxxxx be sent via an encrypted, electronic means using technology consistent with industry standards, instruction or a trade information system acceptable to X.X. XxxxxxJ.P. Moxxxx xx xxx facsimile transmission. Where reasonably practicable, the Customer will use automated and electronic methods of sending Instructions.
(c) X.X. Xxxxxx shall J.P. Moxxxx xxxxx promptly notify an Authorized Person, Person if X.X. Xxxxxx determines J.P. Moxxxx xxxxxxines that an Instruction does not contain all information reasonably necessary for X.X. Xxxxxx to carry J.P. Moxxxx xx xxxry out the Instruction. X.X. Xxxxxx may decline J.P. Moxxxx xxx xxcline to act upon an Instruction if it does not receive missing information, clarification or confirmation satisfactory to it. X.X. Xxxxxx will not J.P. Moxxxx xxxx xot be liable for any Liabilities loss 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.
Appears in 1 contract
Samples: Domestic Custody Agreement (Northern Lights Fund Trust)
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 Xxxxxxxxxxx as a result of any action or omission taken in accordance with any InstructionInstruction unless the Liabilities result from an act of negligence, except to the extent that such Liabilities are caused by the fraud, negligence fraud or willful misconduct on the part of the X.X. Xxxxxx Indemnitees in with respect to the manner in which it carries out the Instructionsuch Instructions are followed.
(b) To the extent possible, Instructions instructions to X.X. Xxxxxx shall be sent via an encrypted, electronic means using technology consistent with industry standards, instruction or a trade information system acceptable to X.X. XxxxxxXxxxxx or via facsimile transmission. Where reasonably practicable, the Customer will use automated and electronic methods of sending instructions.
(c) X.X. Xxxxxx shall promptly notify an Authorized Person, 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 loss 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.
Appears in 1 contract
Acting on Instructions; Method of Instruction and Unclear Instructions. (a) The Customer Trust authorizes X.X. J.X. Xxxxxx to accept, rely upon and/or accept and act upon any Instructions received by it without inquiry. The Customer Trust is solely responsible for the accuracy and completeness of Instructions, their proper delivery to X.X. J.X. Xxxxxx, for updating such Instructions as may be necessary to ensure continued accuracy and completeness, and for monitoring their status. X.X. J.X. Xxxxxx will not be responsible for any Liabilities resulting from the CustomerTrust’s failure to perform these responsibilities. .
(b) The Customer Trust will indemnify the X.X. 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 X.X. J.X. Xxxxxx Indemnitees as a result of any action or omission taken in accordance with any InstructionInstruction or other directions upon which J.X. Xxxxxx is authorized to rely under the terms of this Agreement, except to the extent that such Liabilities are caused by the fraud, negligence or willful misconduct of the X.X. J.X. Xxxxxx Indemnitees in the manner in which it carries out the Instructionsuch Instruction or direction.
(bc) To the extent possible, Instructions to X.X. J.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. J.X. Xxxxxx.
(cd) X.X. J.X. Xxxxxx shall promptly notify an Authorized Person, if X.X. J.X. Xxxxxx determines that an Instruction does not contain all information reasonably necessary for X.X. J.X. Xxxxxx to carry out the Instruction. X.X. J.X. Xxxxxx may decline to act upon an Instruction if it does not receive missing information, clarification or confirmation satisfactory to it. X.X. J.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.
Appears in 1 contract