Common use of Acting on Instructions; Method of Instruction and Unclear Instructions Clause in Contracts

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 results 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 Instruction is 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 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 or in declining to act upon any Instruction for which it does not receive clarification reasonably satisfactory to it.

Appears in 1 contract

Samples: Global Custody Agreement (ETFS Trust)

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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 Any relevant Customer will indemnify the X.X. J.X. Xxxxxx Indemnitees against, and hold each of them harmless from, any Liabilities applicable to or arising from the actions of such Customer 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 good faith and in accordance with any Instruction unless the Liabilities results 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 Instruction is followedInstruction. (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. J.X. Xxxxxx shall promptly notify an Authorized Person of the relevant Customer 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 information, clarification or confirmation or in declining to act upon any Instruction for which it does not receive clarification reasonably satisfactory to it. (d) In executing or paying a payment order, J.X. Xxxxxx may rely upon the identifying number (e.g., Fedwire routing number or account) of any party as instructed in the payment order. The applicable Customer assumes full responsibility for any inconsistency between the name and identifying number of any party in payment orders issued to J.X. Xxxxxx in such Customer’s name.

Appears in 1 contract

Samples: Domestic Custody Agreement (FocusShares Trust)

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 from an Authorized Person without inquiry. The Customer Form Domestic Custody Agreement and Riders (Mutual Fund) March 2010 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 unless the Liabilities results 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 Instruction is followedAuthorized Person. (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. 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 reasonably satisfactory to itit upon notice to the Authorized Person. 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 reasonably satisfactory to it. (d) In executing or paying a payment order, J.X. Xxxxxx may rely upon the identifying number (e.g., Fedwire routing number or account) of any party as instructed in the payment order. Customer assumes full responsibility for any inconsistency between the name and identifying number of any party in payment orders issued to J.X. Xxxxxx in Customer’s name.

Appears in 1 contract

Samples: Domestic Custody Agreement (Tributary Funds, Inc.)

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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 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 results 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 Instruction is followedAuthorized Person. (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 reasonably satisfactory to itit upon notice to the Authorized Person. 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 reasonably satisfactory to it. (d) In executing or paying a payment order, X.X. Xxxxxx may rely upon the identifying number (e.g., Fedwire routing number or account) of any party as instructed in the payment order. Customer assumes full responsibility for any inconsistency between the name and identifying number of any party in payment orders issued to X.X. Xxxxxx in Customer’s name.

Appears in 1 contract

Samples: Domestic Custody Agreement (Tributary Funds, Inc.)

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