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 will indemnify X.X. Xxxxxx Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against X.X. Xxxxxx Indemnitees as a result of any action or omission taken in accordance with any Instruction. (b) To the extent possible, instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx 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 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 clarification or confirmation satisfactory to it. X.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.
Appears in 2 contracts
Samples: Domestic Custody Agreement (Altegris KKR Private Equity Fund), Domestic Custody Agreement (Altegris KKR Private Equity Master 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 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, unless the Liabilities result from an act of negligence, fraud or willful misconduct on the part of a X.X. Xxxxxx Indemnitee with respect to the manner in which such Instructions are followed.
(b) To the extent possible, instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx 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 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 clarification or confirmation satisfactory to it. X.X. Xxxxxx will not be liable for any loss arising from any reasonable delay in carrying out any such Instruction while it seeks such missing information, clarification or confirmation or in declining to act upon any Instruction for which it does not receive clarification satisfactory to it.
(c) Where reasonably practicable, the Customer will use automated and electronic methods of sending Instructions.
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 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, provided that X.X. Xxxxxx 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 carrying out such Instruction.
(b) To the extent possible, instructions Instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx 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 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 clarification or confirmation reasonably satisfactory to it. X.X. Xxxxxx will not be liable for any loss Liabilities arising from any reasonable delay in carrying out any such Instruction while it seeks 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 clarification or confirmation is 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 authorizes X.X. Xxxxxx to accept, rely upon and/or act upon any Instructions received by it from an Authorized Person without inquiry. The Customer will indemnify X.X. Xxxxxx Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against X.X. Xxxxxx Indemnitees as a result of any action or omission taken in accordance with any Instruction, provided that X.X. Xxxxxx shall not be indemnified against or held harmless from any liability arising out of X.X. Xxxxxx’x gross negligence, fraud or willful misconduct in carrying out such Instruction.
(b) To the extent possible, instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx or via facsimile transmission. Where reasonably practicable, the Customer will where reasonably practicable use automated and electronic methods of sending Instructions.
(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 clarification or confirmation satisfactory to it. X.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, provided such clarification or confirmation is 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 authorizes X.X. Xxxxxx to accept, rely upon and/or act upon any Instructions received by it without inquiry. 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.
(b) To the extent possible, instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx 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 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 clarification or confirmation satisfactory to it. X.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.. Global Custody Agreement – New York – General – May 2012 EXECUTION COPY
Appears in 1 contract
Acting on Instructions; Method of Instruction and Unclear Instructions. (a) The Customer Xxxxxx 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 Lxxxxx will indemnify X.X. J.X. Xxxxxx Indemnitees Xxxxxxxxxxx against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against X.X. 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 X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx or via facsimile transmission. Where Lender will where reasonably practicable, the Customer will practicable use automated and electronic methods of sending Instructions.
(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 clarification or confirmation satisfactory to it. X.X. 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.
(d) Unless otherwise expressly provided, all Instructions shall continue in full force and effect until cancelled or superseded.
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 will indemnify X.X. Xxxxxx Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against X.X. Xxxxxx Indemnitees as a result of any action or omission taken in accordance with any Instruction.
(b) To the extent possible, instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx or via facsimile transmission. Where reasonably practicable, the Customer will where reasonably practicable use automated and electronic methods of sending Instructions.
(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 Global Custody Agreement — JPMCB New York — CTC Platform — April 2010 clarification or confirmation satisfactory to it. X.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.
Appears in 1 contract
Samples: Global Custody Agreement (Kayne Anderson Midstream/Energy 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 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 X.X. Xxxxxx Indemnitees as a result of any action or omission taken in accordance with any Instruction.
(b) To the extent possible, instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx 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 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 clarification or confirmation satisfactory to it. X.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.
Appears in 1 contract
Samples: Domestic Custody Agreement (TIAA-CREF Life Separate Account VLI-2)
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 will indemnify X.X. 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 X.X. 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 X.X. J.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. J.X. Xxxxxx or via facsimile transmission. Where reasonably practicable, the Customer will use automated and electronic methods of sending Instructions.
(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 clarification or confirmation satisfactory to it. X.X. 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.
Appears in 1 contract
Samples: Domestic Custody Agreement (Exchange Traded Concepts Trust)
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 act upon any Instructions received by it without inquiry. The Customer Trust will indemnify X.X. the J.X. Xxxxxx Indemnitees Xxxxxxxxxxx against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against X.X. the J.X. Xxxxxx Indemnitees Xxxxxxxxxxx as a Fund Services Agreement May 2013 result of any action or omission taken in accordance with any InstructionInstruction unless the Liabilities result from an act of negligence, fraud or willful misconduct on the part of the J.X. Xxxxxx Indemnitees with respect to the manner in which such Instructions are followed.
(b) To the extent possible, instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx or via facsimile transmission. Where reasonably practicable, the Customer will use automated and electronic methods of sending Instructions.
(c) X.X. J.X. Xxxxxx shall promptly notify an Authorized Person or Shareholder, as applicable, 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 clarification or confirmation satisfactory to it. X.X. J.X. Xxxxxx will not be liable for any loss arising from any reasonable delay in carrying out any such Instruction while it seeks such missing information, clarification or confirmation or in declining to act upon any Instruction for which it does not receive clarification 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 will indemnify X.X. 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 X.X. the J.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, fraud or willful misconduct on the part of the J.X. Xxxxxx Indemnitees with respect to the manner in which such Instructions are followed.
(b) To the extent possible, instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx or via facsimile transmission. Where reasonably practicable, the Customer will use automated and electronic methods of sending Instructions.
(c) X.X. J.X. Xxxxxx shall promptly notify an Authorized Person or Unitholder, as applicable, 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 clarification or confirmation reasonably satisfactory to it. X.X. J.X. Xxxxxx will not be liable for any loss arising from any reasonable delay in carrying out any such Instruction while it seeks 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.. In the event J.X. Xxxxxx does not act upon such Instructions, J.X. Xxxxxx will notify Customer of its decision to do so as soon as reasonably practicable
Appears in 1 contract
Samples: Fund Services Agreement (Kiewit Investment Fund LLLP)
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 will indemnify X.X. Xxxxxx Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against X.X. Xxxxxx Indemnitees as a result of any action or omission taken in accordance with any Instruction.
(b) To the extent possible, instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx or via facsimile transmission. Where Lender will where reasonably practicable, the Customer will practicable use automated and electronic methods of sending InstructionsInstructions and shall direct the State Street Custodian to do the same.
(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 clarification or confirmation satisfactory to it. X.X. Xxxxxx will not be liable for any 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 clarification satisfactory to it.
(d) Unless otherwise expressly provided, all Instructions shall continue in full force and effect until cancelled or superseded.
Appears in 1 contract
Samples: Non Custodial Securities Lending Agreement (Brighthouse Funds Trust I)
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 from an Authorized Person of the Customer without inquiry. 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, fraud or willful misconduct on the part of the X.X. Xxxxxx Indemnitees with respect to the manner in which such Instructions are followed.
(b) To the extent possible, instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx 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 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 clarification or confirmation satisfactory to it. X.X. Xxxxxx will not be liable for any loss arising from any reasonable delay in carrying out any such Instruction while it seeks such missing information, clarification or confirmation or in declining to act upon any Instruction for which it does not receive clarification satisfactory to it.
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 To the extent permitted under Applicable Law, the Customer will indemnify reimburse the X.X. Xxxxxx Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, for expenses incurred by, or in defending against third party claims asserted against the X.X. Xxxxxx Indemnitees as a result of any action or omission taken in accordance with any Instruction.
(b) To the extent possible, instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx 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 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 clarification or confirmation satisfactory to it. X.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.
Appears in 1 contract
Samples: Domestic Custody Agreement
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 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.
(b) To the extent possible, instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx 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 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 clarification or confirmation satisfactory to it. X.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.. Global Custody Agreement – New York – General – May 2012
Appears in 1 contract
Samples: Global Custody Agreement (Virtus Variable Insurance 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 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.
(b) To the extent possible, instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx 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 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 clarification or confirmation reasonably satisfactory to it. X.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 from the Authorized Person or in declining to act upon any Instruction for which it does not receive clarification reasonably satisfactory to it.
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 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, fraud or willful misconduct on the part of the X.X. Xxxxxx Indemnitees with respect to the manner in which such Instructions are followed.
(b) To the extent possible, instructions to X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx 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 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 clarification or confirmation satisfactory to it. X.X. Xxxxxx will not be liable for any loss arising from any reasonable delay in carrying out any such Instruction while it seeks such missing information, clarification or confirmation or in declining to act upon any Instruction for which it does not receive clarification satisfactory to it.. Fund Accounting Services Agreement
Appears in 1 contract
Samples: Fund Accounting Services Agreement
Acting on Instructions; Method of Instruction and Unclear Instructions. (a) The Customer Lender 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 Lender will indemnify 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 X.X. 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 X.X. Xxxxxx shall be sent via electronic instruction or trade information system acceptable to X.X. Xxxxxx or via facsimile transmission. Where Lender will where reasonably practicable, the Customer will practicable use automated and electronic methods of sending InstructionsInstructions and shall direct the State Street Custodian to do the same.
(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 clarification or confirmation satisfactory to it. X.X. J.X. Xxxxxx will not be liable for any loss arising from any reasonable delay in carrying out any such Instruction while it seeks any such missing information, clarification or confirmation Non-Custodial Securities Lending Agreement - JPMCB New York - General May 2016 or in declining to act upon any Instruction for which it does not receive clarification satisfactory to it.
(d) Unless otherwise expressly provided, all Instructions shall continue in full force and effect until cancelled or superseded.
Appears in 1 contract
Samples: Non Custodial Securities Lending Agreement (Brighthouse Funds Trust II)