Acting on Instructions; Unclear Instructions. (a) Bank is authorized to act under this Agreement (or to refrain from taking action) in accordance with the instructions received by Bank, via telephone, telex, facsimile transmission, or other teleprocess or electronic instruction or trade information system acceptable to Bank ("Instructions"). Bank shall have no responsibility for the authenticity or propriety of any Instructions that Bank believes in good faith to have been given by Authorized Persons or which are transmitted with proper testing or authentication pursuant to terms and conditions that Bank may specify. Customer authorizes Bank to accept and act upon any Instructions received by it without inquiry. Customer shall indemnify the Bank Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against the Bank Indemnitees as a result of any action or omission taken in accordance with any Instructions or other directions upon which Bank is authorized to rely under the terms of this Agreement, provided that Bank shall not be indemnified against or held harmless from any Liabilities arising out of Bank's negligence, bad faith, fraud, or willful misconduct.
(b) Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded.
(c) Bank may (in its sole discretion and without affecting any part of this Section 3.1) seek clarification or confirmation of an Instruction from an Authorized Person and may decline to act upon an Instruction if it does not receive clarification or confirmation satisfactory to it. Bank shall not, except as provided in Section 7.1 hereof, be liable for any loss arising from any delay while it seeks such clarification or confirmation.
(d) In executing or paying a payment order Bank 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 within an Instruction between the name and identifying number of any party in payment orders issued to Bank in Customer's name.
Acting on Instructions; Unclear Instructions. (a) Customer authorizes Bank to accept and act upon any Instructions received by it without inquiry. Customer will indemnify the Bank Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against the Bank Indemnitees as a result of any action or omission taken in accordance with any Instructions or other directions upon which Bank is authorized to rely under the terms of this Agreement.
(b) Unless otherwise expressly provided, all Instructions will continue in full force and effect until canceled or superseded.
(c) Bank may (in its sole discretion and without affecting any part of this Section 3.1) seek clarification or confirmation of an Instruction from an Authorized Person and may decline to act upon an Instruction if it does not receive clarification or confirmation satisfactory to it. Bank will not be liable for any loss arising from any delay while it seeks such clarification or confirmation.
(d) In executing or paying a payment order Bank 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 Bank in Customer’s name.
Acting on Instructions; 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 unless the Liabilities result from an act of negligence, fraud or willful misconduct on the part of a J.X. Xxxxxx Indemnitees with respect to the manner in which such Instructions are followed. ETF Fund Servicing Agreement – March 2010 version
(b) J.X. Xxxxxx shall promptly notify an Authorized Person or Shareholder, as applicable, if 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 such missing 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; Unclear Instructions. (a) Treasurer authorizes Custodian to accept and act upon any Instructions.
(b) Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded.
(c) Custodian shall seek clarification or confirmation of unclear Instructions or Instructions with respect to which it has actual knowledge are conflicting from an Authorized Person and shall decline to act upon an Instruction if it does not receive clarification or confirmation satisfactory to it; provided, however, that Custodian shall have no responsibility with respect to Instructions that are submitted via “straight through processing”. Custodian shall not be liable for any loss arising from any delay while it seeks clarification or confirmation.
(d) In executing or paying a payment order, Custodian may rely upon the identifying number (e.g., Fedwire routing number or account) of any party as instructed in the payment order. Treasurer, on behalf of Beneficial Owner, assumes full responsibility for any inconsistency between the name and identifying number of any party in payment orders issued to Custodian in Treasurer’s name.
Acting on Instructions; Unclear Instructions. (a) The Customer hereby agrees and acknowledges that JPMorgan may rely on the current list of Authorized Persons, as provided or agreed to by Customer and as may be amended from time to time and authorizes JPMorgan to accept and act upon any Instructions received by it without inquiry. Where reasonably practicable, Customer and JPMorgan agree to use automated and electronic means of sending Instructions.
(b) JPMorgan shall promptly notify an Authorized Person if an Instruction does not contain all information reasonably necessary for JPMorgan to carry out the Instruction. JPMorgan will not be liable for any loss arising from any reasonable delay in carrying out any such Instruction pending receipt of such missing information, clarification or confirmation unless the losses result from an act of negligence, fraud or willful misconduct on the part of JPMorgan.
Acting on Instructions; Unclear Instructions. (a) Customer authorizes Bank to accept and act upon any Instructions received by it without inquiry. Customer will indemnify the Bank Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against the Bank Indemnitees as a result of any action or omission taken in reliance on Instructions in the absence of Bank's bad faith or willful misconduct. Further, it is understood that Bank shall remain responsible for its proper execution of those Instructions without negligence.
(b) Unless otherwise expressly provided, all Instructions will continue in full force and effect until canceled or superseded.
(c) Bank may (in its sole discretion and without affecting any part of this Section 3.1), when reasonably necessary, seek clarification or confirmation of an Instruction from an Authorized Person and may decline to act upon an Instruction if it does not receive clarification or confirmation satisfactory to it. Bank will not be liable for any loss arising from any delay while it seeks such clarification or confirmation.
(d) In executing or paying a payment order Bank may rely upon the identifying number (e.
Acting on Instructions; Unclear Instructions. (a) Bank is authorized to act under this Agreement (or to refrain from taking action) in accordance withthe instructions received by Bank, via telephone, telex, facsimile transmission, orotherteleprocessor electronic instructionortrade information system acceptabletoBank ("Instructions"). Bankshallhaveno responsibility forthe authenticity or propriety ofany Instructions thatBank believesingoodfaithtohavebeengivenby Authorized Personsorwhicharetransmittedwithpropertestingorauthentication pursuant totermsand conditions thatBankmay specify. Customer authorizes Bankto acceptandactuponanyInstructions receivedbyitwithout inquiry. Customer shall indemnifytheBank Indemnitees against, andholdeachofthem harmless from,anyLiabilities thatmaybeimposedon,incurredby,orasserted against theBank Indemnitees asaresultofanyactionoromissiontakenin accordance withany InstructionsorotherdirectionsuponwhichBankisauthorized torely underthetermsofthisAgreement.
(b) Unlessotherwiseexpresslyprovided,allInstructionsshall continuein fullforceandeffectuntilcanceledorsuperseded. <PAGE>
(c) Bankmay(initssolediscretionandwithoutaffectinganypart ofthis Section 3.1)seek clarification or confirmation ofan Instruction xxxxxx Authorized Person andmay declinetoactuponan Instruction ifit doesnot receive clarification or confirmation satisfactory toit.Bankshall notbe liableforanylossarisingfromanydelaywhileitseekssuch clarificationor confirmation.
(d) In executing or paying a payment order Bank may rely uponthe identifying number (e.g. Fedwire routing numberoraccount)ofany partyas instructedinthepaymentorder. Customerassumesfull responsibility forany inconsistency withinanInstruction betweenthenameandidentifying numberof anypartyinpaymentordersissuedtoBankinCustomer'sname.
Acting on Instructions; Unclear Instructions. (a) The Trustee is authorized to act under this Agreement (or to refrain from taking action) in accordance with instructions, notices, or directions received by the Trustee, via telephone, telex, facsimile transmission, or other teleprocess or electronic instruction or trade information system acceptable to the Trustee (“Instructions”). The Trustee will have no responsibility for the authenticity or propriety of any Instructions that the Trustee believes in good faith to have been given by an authorized Person or which are transmitted with proper testing or authentication pursuant to terms and conditions that the Trustee may specify. The Trustee is authorized to the extent permitted by Applicable Law to accept and act upon any Instructions received by it without inquiry.
(b) Unless otherwise expressly provided, all Instructions will continue in full force and effect until canceled or superseded.
(c) Trustee may seek clarification of an Instruction from an authorized Person and may decline to act upon an Instruction if it does not receive clarification. Trustee will not be liable for any loss arising from any delay while it seeks such clarification.
Acting on Instructions; Unclear Instructions. CONFIRMATION OF ORAL INSTRUCTIONS/SECURITY DEVICES ---------------- 10
Acting on Instructions; Unclear Instructions. (a) The Customer hereby agrees and acknowledges that Service Provider may rely on the current list of Authorized Persons, as provided or agreed to by Customer and as may be amended from time to time and authorizes Service Provider to accept and act upon any Instructions received by it without inquiry. Where reasonably practicable, Customer and Service Provider agree to use automated and electronic means of sending Instructions.
(b) Service Provider shall promptly notify an Authorized Person if an Instruction does not contain all information reasonably necessary for Service Provider to carry out the Instruction. Service Provider will not be liable for any loss arising from any reasonable delay in carrying out any such Instruction pending receipt of such missing information, clarification or confirmation unless the losses result from an act of negligence, fraud or willful misconduct on the part of Service Provider.
