Common use of Authorised Instructions Clause in Contracts

Authorised Instructions. 6.1 All Authorised Instructions given to RBCIS hereunder shall be given by an Authorised Person and communicated to RBCIS in the manner as set out in Section 6.3 of these FX Terms. 6.2 Unless otherwise provided in this Agreement, an Authorised Instruction continues in full force and effect until cancelled, revoked or superseded by a subsequent Authorised Instruction. Notwithstanding the foregoing, an Authorised Instruction to cancel, revoke, amend or otherwise supersede a prior Authorised Instruction may be ineffective should RBCIS already have acted, in any way, on such previous Authorised Instruction. 6.3 All notices, Authorised Instructions and other communications under this Agreement shall be given by personal delivery, reputable courier service with proof of delivery, telephone, fax or one of RBCIS’ secured client access channels, including Investor Services Online, telecommunication or electronic transmission method (including, subject to the provisions below, the internet (e.g., email) or unsecured lines of communication) to the address and numbers that the receiving party last provided to the sending party in the manner provided in this Section 6.3. Any Authorised Instruction or other communication delivered personally shall be deemed to have been given and received on the day it is so delivered (or if that day is not a Business Day, on the next succeeding Business Day). Subject to disruptions in the postal service, any communication sent by reputable courier service shall be deemed to have been given and received on the day it was delivered pursuant to the proof of delivery (or if that day is not a Business Day, on the next succeeding Business Day). Any communication (other than an Authorised Instruction) transmitted via Automated Systems (as defined in Section 7.1 below) shall be deemed to have been given on the Business Day it is transmitted provided that it was received before 4:00 pm and, if received after such time, it shall be deemed to have been given and received on the Business Day following the day of transmission provided in each case that confirmation of transmission is available from the party transmitting the communication. 6.4 Subject to Section 7.1 below, Authorised Instructions transmitted via Automated Systems shall be effective when received by RBCIS and any Authorised Instructions received after the applicable FX Cut-Off Time will be deemed received on the next Business Day. For greater certainty, Standing Mandate Trade Instructions shall be considered to be received by RBCIS when the relevant FX requirement transmitted by RBCIS’ custody system is received by RBCIS’ FX trading desk. 6.5 Provided that RBCIS, in good faith, believes that an Authorised Instruction is given by an Authorised Person, regardless of the means in which the Authorised Instruction is given, it shall be binding on the Customer and RBCIS shall be fully protected and indemnified in accordance with Section 12.1 in acting upon and processing such Authorised Instruction and shall be under no duty to make any further investigation or inquiry as to any instruction or statement contained in any such Authorised Instruction or to acknowledge receipt of such Authorised Instruction prior to processing it. The Customer shall be responsible for ensuring that only Authorised Persons have access to any Automated Systems and that such Authorised Persons comply with all security procedures required of users of such Automated Systems. In this regard, the Customer shall put in place adequate security measures to prevent unauthorized use of Automated Systems. For the avoidance of doubt, any instruction or other communication given by (or purported to be given by) an Authorised Person shall be deemed to be Authorised Instructions given by the Customer for the purposes of this Agreement and any communication given under this Agreement that is not signed and delivered in writing shall have the same effect as if it had been signed and delivered in writing. 6.6 RBCIS shall use its reasonable endeavours to execute Authorised Instructions promptly, but in accepting Authorised Instructions RBCIS does not represent or warrant that it will be possible for RBCIS to execute any trade order set out therein or that such execution will be possible according to such Authorised Instructions. 6.7 RBCIS may, but shall not be obligated to, act on Authorised Instructions received after the applicable FX Cut-Off Time. RBCIS shall not be liable for Losses arising from Authorised Instructions not received by such applicable Cut-Off Time. 6.8 Without limiting the foregoing, RBCIS shall carry out Authorised Instructions only when the relevant market is open for dealings, and RBCIS shall carry out any Authorised Instructions received outside of the applicable FX Cut-Off Time as soon as possible when the relevant market is next open for business (in accordance with the rules of that market).

Authorised Instructions. 6.1 All Authorised Instructions given to RBCIS hereunder shall be given by an Authorised Person and communicated to RBCIS in the manner as set out in Section 6.3 of these FX Terms. 6.2 Unless otherwise provided in this Agreement, an Authorised Instruction continues in full force and effect until cancelled, revoked or superseded by a subsequent Authorised Instruction. Notwithstanding the foregoing, an Authorised Instruction to cancel, revoke, amend or otherwise supersede a prior Authorised Instruction may be ineffective should RBCIS already have acted, in any way, on such previous Authorised Instruction. 6.3 All Unless RBCIS advises the Customer that Authorised Instructions can only be given in a particular manner, all notices, Authorised Instructions and other communications under this Agreement shall be given by personal delivery, reputable courier service with proof of delivery, telephone, fax or one of RBCIS’ secured client access channels, including Investor Services Online, telecommunication or electronic transmission method (including, subject to the provisions below, the internet (e.g., email) or unsecured lines of communication) to the address and numbers that the receiving party last provided to the sending party in the manner provided in this Section 6.3. Any Authorised Instruction or other communication delivered personally shall be deemed to have been given and received on the day it is so delivered (or if that day is not a Business Day, on the next succeeding Business Day). Subject to disruptions in the postal service, any communication sent by reputable courier service shall be deemed to have been given and received on the day it was delivered pursuant to the proof of delivery (or if that day is not a Business Day, on the next succeeding Business Day). Any communication (other than an Authorised Instruction) transmitted via Automated Systems (as defined in Section 7.1 9.1 below) shall be deemed to have been given on the Business Day it is transmitted provided that it was received transmitted before 4:00 pm and, if received after such time, it shall be deemed to have been given and received on the Business Day following the day of transmission provided in each case that confirmation of transmission is available from the party transmitting the communication. 6.4 Subject to Section 7.1 Sections 6.6, 7 and 9.1 below, Authorised Instructions transmitted via Automated Systems shall be effective when received by RBCIS and any Authorised Instructions received after the applicable FX Cut-Off Time will be deemed received on the next Business Day. For greater certainty, Standing Mandate Trade Instructions shall be considered to be received by RBCIS when the relevant FX requirement transmitted by RBCIS’ custody system is received by RBCIS’ FX trading desk. Without limiting Section 6.5 below, nothing in this Agreement shall create an obligation for RBCIS to constantly monitor its electronic communication equipment (including, without limitation, Automated Systems), provided that reasonable monitoring is performed within RBCIS’ normal business hours in the location to which communications are sent and RBCIS will not be held liable for any failure to act on, process or execute Authorised Instructions due to not receiving electronically transmitted communications (including, without limitation, Authorised Instructions). In the event of any disagreement as to whether electronic communications (including, without limitation, Authorised Instructions) have been received by XXXXX, the sender will have the onus of proving that such electronic communications have been so received. 6.5 Provided that RBCIS, in good faith, believes that an Authorised Instruction is given by an Authorised Person, regardless of the means in which the Authorised Instruction is given, it shall be binding on the Customer and RBCIS shall be fully protected and indemnified in accordance with Section 12.1 14.1 in acting upon and processing such Authorised Instruction and shall be under no duty to make any further investigation or inquiry as to any instruction or statement contained in any such Authorised Instruction or to acknowledge receipt of such Authorised Instruction prior to processing it. The Customer shall be responsible for ensuring that only Authorised Persons have access to any Automated Systems (as defined in Section 9.1 below, and that such Authorised Persons comply with all security procedures required of users of such Automated Systems. In this regard, the Customer shall put in place adequate security measures to prevent unauthorized use of Automated Systems. For the avoidance of doubt, any instruction or other communication given by (or purported to be given by) an Authorised Person shall be deemed to be Authorised Instructions given by the Customer for the purposes of this Agreement and any communication given under this Agreement that is not signed and delivered in writing shall have the same effect as if it had been signed and delivered in writing. 6.6 RBCIS shall use its reasonable endeavours to execute Authorised Instructions promptlypromptly following receipt, but in accepting Authorised Instructions RBCIS does not represent or warrant that it will be possible for RBCIS to execute any trade order set out therein or that such execution will be possible according to such Authorised Instructions. 6.7 RBCIS may, but shall not be obligated to, act on Authorised Instructions received after the applicable FX Cut-Off Time. RBCIS shall not be liable for Losses arising from Authorised Instructions not received by such applicable Cut-Off Time. 6.8 Without limiting the foregoing, RBCIS shall carry out Authorised Instructions only when the relevant market is open for dealings, and RBCIS shall carry out any Authorised Instructions received outside of the applicable FX Cut-Off Time as soon as possible when the relevant market is next open for business (in accordance with the rules of that market).

Authorised Instructions. 6.1 All Authorised Instructions given to RBCIS hereunder shall be given by an Authorised Person and communicated to RBCIS in the manner as set out in Section 6.3 of these FX Terms. 6.2 Unless otherwise provided in this Agreement, an Authorised Instruction continues in full force and effect until cancelled, revoked or superseded by a subsequent Authorised Instruction. Notwithstanding the foregoing, an Authorised Instruction to cancel, revoke, amend or otherwise supersede a prior Authorised Instruction may be ineffective should RBCIS already have acted, in any way, on such previous Authorised Instruction. 6.3 All notices, Authorised Instructions and other communications under this Agreement shall be given by by, personal delivery, reputable courier service with proof of delivery, telephone, fax or one of RBCIS’ secured client access channels, including Investor Services Online, telecommunication or secure electronic transmission method (including, subject to the provisions below, the internet (e.g., email) or unsecured lines of communication) to the address and numbers that the receiving party last provided to the sending party in the manner provided in this Section 6.3. Any Authorised Instruction or other communication delivered personally shall be deemed to have been given and received on the day it is so delivered (or if that day is not a Business Day, on the next succeeding Business Day). Subject to disruptions in the postal service, any communication sent by reputable courier service shall be deemed to have been given and received on the day it was delivered pursuant to the proof of delivery (or if that day is not a Business Day, on the next succeeding Business Day). Any communication (other than an Authorised Instruction) transmitted via Automated Electronic Systems (as defined in Section 7.1 below) shall be deemed to have been given on the Business Day it is transmitted provided that it was received before 4:00 pm and, if received after such time, it shall be deemed to have been given and received on the Business Day following the day of transmission provided in each case that confirmation of transmission is available from the party transmitting the communication. 6.4 Subject to Section 7.1 below, Authorised Instructions transmitted via Automated Electronic Systems shall be effective when received by RBCIS and any Authorised Instructions received after the applicable FX Cut-Off Time will be deemed received on the next Business Day. For greater certainty, Standing Mandate Trade Instructions shall be considered to be received by RBCIS when the relevant FX requirement transmitted by RBCIS’ custody system is received by RBCIS’ FX trading desk. 6.5 Provided that RBCIS, in good faith, believes that an Authorised Instruction is given by an Authorised Person, regardless of the means in which the Authorised Instruction is given, it shall be binding on the Customer and RBCIS shall be fully protected and indemnified in accordance with Section 12.1 in acting upon and processing such Authorised Instruction and shall be under no duty to make any further investigation or inquiry as to any instruction or statement contained in any such Authorised Instruction or to acknowledge receipt of such Authorised Instruction prior to processing it. The Customer shall be responsible for ensuring that only Authorised Persons have access to any Automated Systems and that such Authorised Persons comply with all security procedures required of users of such Automated Systems. In this regard, the Customer shall put in place adequate security measures to prevent unauthorized use of Automated Systems. For the avoidance of doubt, any instruction or other communication given by (or purported to be given by) an Authorised Person shall be deemed to be Authorised Instructions given by the Customer for the purposes of this Agreement and any communication given under this Agreement that is not signed and delivered in writing shall have the same effect as if it had been signed and delivered in writing. 6.6 RBCIS shall use its reasonable endeavours to execute Authorised Instructions promptly, but in accepting Authorised Instructions RBCIS does not represent or warrant that it will be possible for RBCIS to execute any trade order set out therein or that such execution will be possible according to such Authorised Instructions. 6.7 RBCIS may, but shall not be obligated to, act on Authorised Instructions received after the applicable FX Cut-Off Time. RBCIS shall not be liable for Losses arising from Authorised Instructions not received by such applicable Cut-Off Time. 6.8 Without limiting the foregoing, RBCIS shall carry out Authorised Instructions only when the relevant market is open for dealings, and RBCIS shall carry out any Authorised Instructions received outside of the applicable FX Cut-Off Time as soon as possible when the relevant market is next open for business (in accordance with the rules of that market).

Authorised Instructions. 6.1 All Authorised Instructions given to RBCIS hereunder shall be given by an Authorised Person and communicated to RBCIS in the manner as set out in Section 6.3 of these FX Terms. 6.2 Unless otherwise provided in this Agreement, an Authorised Instruction continues in full force and effect until cancelled, revoked or superseded by a subsequent Authorised Instruction. Notwithstanding the foregoing, an Authorised Instruction to cancel, revoke, amend or otherwise supersede a prior Authorised Instruction may be ineffective should RBCIS already have acted, in any way, on such previous Authorised Instruction. 6.3 All notices, Authorised Instructions and other communications under this Agreement shall be given by personal delivery, reputable courier service with proof of delivery, telephone, fax or one of RBCIS’ secured client access channels, including Investor Services Online, telecommunication or electronic transmission method (including, subject to the provisions below, the internet (e.g., email) or unsecured lines of communication) to the address and numbers that the receiving party last provided to the sending party in the manner provided in this Section 6.3. Any Authorised Instruction or other communication delivered personally shall be deemed to have been given and received on the day it is so delivered (or if that day is not a Business Day, on the next succeeding Business Day). Subject to disruptions in the postal service, any communication sent by reputable courier service shall be deemed to have been given and received on the day it was delivered pursuant to the proof of delivery (or if that day is not a Business Day, on the next succeeding Business Day). Any communication (other than an Authorised Instruction) transmitted via Automated Systems (as defined in Section 7.1 9.1 below) shall be deemed to have been given on the Business Day it is transmitted provided that it was received transmitted before 4:00 pm and, if received after such time, it shall be deemed to have been given and received on the Business Day following the day of transmission provided in each case that confirmation of transmission is available from the party transmitting the communication. 6.4 Subject to Section 7.1 9.1 below, Authorised Instructions transmitted via Automated Systems shall be effective when received by RBCIS and any Authorised Instructions received after the applicable FX Cut-Off Time will be deemed received on the next Business Day. For greater certainty, Standing Mandate Trade Instructions shall be considered to be received by RBCIS when the relevant FX requirement transmitted by RBCIS’ custody system is received by RBCIS’ FX trading desk. 6.5 Provided that RBCIS, in good faith, believes that an Authorised Instruction is given by an Authorised Person, regardless of the means in which the Authorised Instruction is given, it shall be binding on the Customer and RBCIS shall be fully protected and indemnified in accordance with Section 12.1 14.1 in acting upon and processing such Authorised Instruction and shall be under no duty to make any further investigation or inquiry as to any instruction or statement contained in any such Authorised Instruction or to acknowledge receipt of such Authorised Instruction prior to processing it. The Customer shall be responsible for ensuring that only Authorised Persons have access to any Automated Systems (as defined in Section 9.1 below, and that such Authorised Persons comply with all security procedures required of users of such Automated Systems. In this regard, the Customer shall put in place adequate security measures to prevent unauthorized unauthorised use of Automated Systems. For the avoidance of doubt, any instruction or other communication given by (or purported to be given by) an Authorised Person shall be deemed to be Authorised Instructions given by the Customer for the purposes of this Agreement and any communication given under this Agreement that is not signed and delivered in writing shall have the same effect as if it had been signed and delivered in writing. 6.6 RBCIS shall use its reasonable endeavours to execute Authorised Instructions promptly, but in accepting Authorised Instructions RBCIS does not represent or warrant that it will be possible for RBCIS to execute any trade order set out therein or that such execution will be possible according to such Authorised Instructions. 6.7 RBCIS may, but shall not be obligated to, act on Authorised Instructions received after the applicable FX Cut-Off Time. RBCIS shall not be liable for Losses arising from Authorised Instructions not received by such applicable Cut-Off Time. 6.8 Without limiting the foregoing, RBCIS shall carry out Authorised Instructions only when the relevant market is open for dealings, and RBCIS shall carry out any Authorised Instructions received outside of the applicable FX Cut-Off Time as soon as possible when the relevant market is next open for business (in accordance with the rules of that market).

Authorised Instructions. 6.1 All Authorised Instructions given to RBCIS hereunder shall be given by an Authorised Person and communicated to RBCIS in the manner as set out in Section 6.3 of these FX Terms. 6.2 Unless otherwise provided in this Agreement, an Authorised Instruction continues in full force and effect until cancelled, revoked or superseded by a subsequent Authorised Instruction. Notwithstanding the foregoing, an Authorised Instruction to cancel, revoke, amend or otherwise supersede a prior Authorised Instruction may be ineffective should RBCIS already have acted, in any way, on such previous Authorised Instruction. 6.3 All notices, Authorised Instructions and other communications under this Agreement shall be given by personal delivery, reputable courier service with proof of delivery, telephone, fax or one of RBCIS’ secured client access channels, including Investor Services Online, telecommunication or electronic transmission method (including, subject to the provisions below, the internet (e.g., email) or unsecured lines of communication) to the address and numbers that the receiving party last provided to the sending party in the manner provided in this Section 6.3. 6.3 Any Authorised Instruction or other communication delivered personally shall be deemed to have been given and received on the day it is so delivered (or if that day is not a Business Day, on the next succeeding Business Day). Subject to disruptions in the postal service, any communication sent by reputable courier service shall be deemed to have been given and received on the day it was delivered pursuant to the proof of delivery (or if that day is not a Business Day, on the next succeeding Business Day). Any communication (other than an Authorised Instruction) transmitted via Automated Systems (as defined in Section 7.1 9.1 below) shall be deemed to have been given on the Business Day it is transmitted provided that it was received transmitted before 4:00 pm and, if received after such time, it shall be deemed to have been given and received on the Business Day following the day of transmission provided in each case that confirmation of transmission is available from the party transmitting the communication. 6.4 Subject to Section 7.1 9.1 below, Authorised Instructions transmitted via Automated Systems shall be effective when received by RBCIS and any Authorised Instructions received after the applicable FX Cut-Off Time will be deemed received on the next Business Day. For greater certainty, Standing Mandate Trade Instructions shall be considered to be received by RBCIS when the relevant FX requirement transmitted by RBCIS’ custody system is received by RBCIS’ FX trading desk. 6.5 Provided that RBCIS, in good faith, believes that an Authorised Instruction is given by an Authorised Person, regardless of the means in which the Authorised Instruction is given, it shall be binding on the Customer and RBCIS shall be fully protected and indemnified in accordance with Section 12.1 14.1 in acting upon and processing such Authorised Instruction and shall be under no duty to make any further investigation or inquiry as to any instruction or statement contained in any such Authorised Instruction or to acknowledge receipt of such Authorised Instruction prior to processing it. The Customer shall be responsible for ensuring that only Authorised Persons have access to any Automated Systems (as defined in Section 9.1 below, and that such Authorised Persons comply with all security procedures required of users of such Automated Systems. In this regard, the Customer shall put in place adequate security measures to prevent unauthorized unauthorised use of Automated Systems. For the avoidance of doubt, any instruction or other communication given by (or purported to be given by) an Authorised Person shall be deemed to be Authorised Instructions given by the Customer for the purposes of this Agreement and any communication given under this Agreement that is not signed and delivered in writing shall have the same effect as if it had been signed and delivered in writing. 6.6 RBCIS shall use its reasonable endeavours to execute Authorised Instructions promptly, but in accepting Authorised Instructions RBCIS does not represent or warrant that it will be possible for RBCIS to execute any trade order set out therein or that such execution will be possible according to such Authorised Instructions. 6.7 RBCIS may, but shall not be obligated to, act on Authorised Instructions received after the applicable FX Cut-Off Time. RBCIS shall not be liable for Losses arising from Authorised Instructions not received by such applicable Cut-Off Time. 6.8 Without limiting the foregoing, RBCIS shall carry out Authorised Instructions only when the relevant market is open for dealings, and RBCIS shall carry out any Authorised Instructions received outside of the applicable FX Cut-Off Time as soon as possible when the relevant market is next open for business (in accordance with the rules of that market).