Authorized Instructions. 6.1 All Authorized Instructions given to RBCIS hereunder shall be given by an Authorized 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provided in this Agreement, an Authorized Instruction continues in full force and effect until cancelled, revoked or superseded by a subsequent Authorized Instruction. Notwithstanding the foregoing, an Authorized Instruction to cancel, revoke, amend or otherwise supersede a prior Authorized Instruction may be ineffective should RBCIS already have acted, in any way, on such previous Authorized Instruction. 6.3 All notices, Authorized Instructions and other communications under this Agreement shall be given by personal delivery, reputable courier service with proof of delivery, telephone, fax or secure electronic transmission (subject to the provisions below) 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 Authorized 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 Authorized Instruction) transmitted via 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, Authorized Instructions transmitted via Electronic Systems shall be effective when received by RBCIS and any Authorized 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 Authorized Instruction is given by an Authorized Person, regardless of the means in which the Authorized 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 Authorized Instruction and shall be under no duty to make any further investigation or inquiry as to any instruction or statement contained in any such Authorized Instruction or to acknowledge receipt of such Authorized Instruction prior to processing it. 6.6 RBCIS shall use its reasonable endeavours to execute Authorized Instructions promptly, but in accepting Authorized 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 Authorized Instructions. 6.7 RBCIS may, but shall not be obligated to, act on Authorized Instructions received after the applicable FX Cut-Off Time. RBCIS shall not be liable for Losses arising from Authorized Instructions not received by such applicable Cut-Off Time. 6.8 Without limiting the foregoing, RBCIS shall carry out Authorized Instructions only when the relevant market is open for dealings, and RBCIS shall carry out any Authorized 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).
Appears in 2 contracts
Samples: Foreign Exchange Services Agreement, Fx Services Agreement
Authorized Instructions. 6.1 All Authorized Instructions given to RBCIS hereunder shall be given by an Authorized 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 Authorized Instruction continues in full force and effect until cancelled, revoked or superseded by a subsequent Authorized Instruction. Notwithstanding the foregoing, an Authorized Instruction to cancel, revoke, amend or otherwise supersede a prior Authorized Instruction may be ineffective should RBCIS already have acted, in any way, on such previous Authorized Instruction.
6.3 All notices, Authorized Instructions and other communications under this Agreement shall be given by personal delivery, reputable courier service with proof of delivery, telephone, fax or secure 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 Authorized 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 Authorized Instruction) transmitted via Electronic 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 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 below, Authorized Instructions transmitted via Electronic Automated Systems shall be effective when received by RBCIS and any Authorized 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 Authorized Instruction is given by an Authorized Person, regardless of the means in which the Authorized 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 Authorized Instruction and shall be under no duty to make any further investigation or inquiry as to any instruction or statement contained in any such Authorized Instruction or to acknowledge receipt of such Authorized Instruction prior to processing it. The Customer shall be responsible for ensuring that only Authorized Persons have access to any Automated Systems (as defined in Section 7.1 below, and that such Authorized 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 Authorized Person shall be deemed to be Authorized 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 Authorized Instructions promptly, but in accepting Authorized 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 Authorized Instructions.
6.7 RBCIS may, but shall not be obligated to, act on Authorized Instructions received after the applicable FX Cut-Off Time. RBCIS shall not be liable for Losses arising from Authorized Instructions not received by such applicable Cut-Off Time.
6.8 Without limiting the foregoing, RBCIS shall carry out Authorized Instructions only when the relevant market is open for dealings, and RBCIS shall carry out any Authorized 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).
Appears in 2 contracts
Samples: Foreign Exchange Services Agreement, Fx Services Agreement
Authorized Instructions. 6.1 All Authorized Instructions given to RBCIS hereunder shall be given by an Authorized 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 Authorized Instruction continues in full force and effect until cancelled, revoked or superseded by a subsequent Authorized Instruction. Notwithstanding the foregoing, an Authorized Instruction to cancel, revoke, amend or otherwise supersede a prior Authorized Instruction may be ineffective should RBCIS already have acted, in any way, on such previous Authorized Instruction.
6.3 All Unless RBCIS advises the Customer that Authorized Instructions can only be given in a particular manner, all notices, Authorized Instructions and other communications under this Agreement shall be given by personal delivery, reputable courier service with proof of delivery, telephone, fax or secure 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 Authorized 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 Authorized Instruction) transmitted via Electronic 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, Authorized Instructions transmitted via Electronic Automated Systems shall be effective when received by RBCIS and any Authorized 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 Authorized Instructions due to not receiving electronically transmitted communications (including, without limitation, Authorized Instructions). In the event of any disagreement as to whether electronic communications (including, without limitation, Authorized 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 Authorized Instruction is given by an Authorized Person, regardless of the means in which the Authorized 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 Authorized Instruction and shall be under no duty to make any further investigation or inquiry as to any instruction or statement contained in any such Authorized Instruction or to acknowledge receipt of such Authorized Instruction prior to processing it. The Customer shall be responsible for ensuring that only Authorized Persons have access to any Automated Systems (as defined in Section 9.1 below, and that such Authorized 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 Authorized Person shall be deemed to be Authorized 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 Authorized Instructions promptlypromptly following receipt, but in accepting Authorized 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 Authorized Instructions.
6.7 RBCIS may, but shall not be obligated to, act on Authorized Instructions received after the applicable FX Cut-Off Time. RBCIS shall not be liable for Losses arising from Authorized Instructions not received by such applicable Cut-Off Time.
6.8 Without limiting the foregoing, RBCIS shall carry out Authorized Instructions only when the relevant market is open for dealings, and RBCIS shall carry out any Authorized 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).
Appears in 2 contracts
Samples: Fx Services Agreement, Fx Services Agreement
Authorized Instructions. 6.1 All Authorized Instructions given to RBCIS hereunder shall be given by an Authorized 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 Authorized Instruction continues in full force and effect until cancelled, revoked or superseded by a subsequent Authorized Instruction. Notwithstanding the foregoing, an Authorized Instruction to cancel, revoke, amend or otherwise supersede a prior Authorized Instruction may be ineffective should RBCIS already have acted, in any way, on such previous Authorized Instruction.
6.3 All notices, Authorized Instructions and other communications under this Agreement shall be given by personal delivery, reputable courier service with proof of delivery, telephone, fax or secure 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 Authorized 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 Authorized Instruction) transmitted via Electronic 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, Authorized Instructions transmitted via Electronic Automated Systems shall be effective when received by RBCIS and any Authorized 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 Authorized Instruction is given by an Authorized Person, regardless of the means in which the Authorized 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 Authorized Instruction and shall be under no duty to make any further investigation or inquiry as to any instruction or statement contained in any such Authorized Instruction or to acknowledge receipt of such Authorized Instruction prior to processing it. The Customer shall be responsible for ensuring that only Authorized Persons have access to any Automated Systems (as defined in Section 9.1 below, and that such Authorized 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 Authorized Person shall be deemed to be Authorized 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 Authorized Instructions promptly, but in accepting Authorized 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 Authorized Instructions.
6.7 RBCIS may, but shall not be obligated to, act on Authorized Instructions received after the applicable FX Cut-Off Time. RBCIS shall not be liable for Losses arising from Authorized Instructions not received by such applicable Cut-Off Time.
6.8 Without limiting the foregoing, RBCIS shall carry out Authorized Instructions only when the relevant market is open for dealings, and RBCIS shall carry out any Authorized 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).
Appears in 1 contract
Authorized Instructions. 6.1 All Authorized Instructions given to RBCIS hereunder shall be given by an Authorized 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 Authorized Instruction continues in full force and effect until cancelled, revoked or superseded by a subsequent Authorized Instruction. Notwithstanding the foregoing, an Authorized Instruction to cancel, revoke, amend or otherwise supersede a prior Authorized Instruction may be ineffective should RBCIS already have acted, in any way, on such previous Authorized Instruction.
6.3 All notices, Authorized Instructions and other communications under this Agreement shall be given by first class mail, personal delivery, reputable or courier service with proof of delivery, telephone, fax facsimile transmission or secure electronic transmission (subject to the provisions below) to the address and numbers number that the receiving party last provided to the sending party in the manner provided in this Section 6.36.2. Any Authorized 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 mailed shall be deemed to have been given and received on the day it was delivered pursuant to fifth Business Day following the proof date of delivery (or if that day is not a Business Day, on the next succeeding Business Day)mailing. Any communication (other than an Authorized Instruction) transmitted via Electronic Systems (as defined in Section 7.1 below) shall be deemed to have been given and received 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 Section
7.1 below, Authorized Instructions transmitted via Electronic Systems shall be effective when received upon receipt by RBCIS and any Authorized 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 6.4 Provided that RBCIS, in good faith, believes that an Authorized Instruction is given by an Authorized Person, regardless of the means in which the Authorized Instruction is given, it RBCIS 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 Authorized Instruction and shall be under no duty to make any further investigation or inquiry as to any instruction or statement contained in any such Authorized Instruction or to acknowledge receipt of such Authorized Instruction prior to processing it.
6.5 The Customer agrees to the tape recording of telephone conversations regarding FX Services and to the retention and use of such tape recordings by RBCIS as evidence of the content of such conversations provided that RBCIS shall give the Customer access to such tape recordings upon reasonable request. The Customer further acknowledges that any information exchanged between the Customer and RBCIS shall be retained by RBCIS in accordance with Applicable Law.
6.6 RBCIS shall use its reasonable endeavours to execute Authorized Instructions promptly, but in accepting Authorized 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 Authorized Instructions.
6.7 RBCIS may, but shall not be obligated to, to act on Authorized Instructions received after the applicable FX Cut-Off Time. Time and RBCIS shall not be liable for Losses arising from Authorized Instructions not received by such applicable Cut-Off Time.
6.8 6.7 Without limiting the foregoing, RBCIS shall carry out Authorized Instructions only when the relevant market is open for dealings, and RBCIS shall carry out any Authorized 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).
Appears in 1 contract
Samples: Fx Services Agreement
Authorized Instructions. 6.1 All Authorized Instructions given to RBCIS hereunder shall be given by an Authorized 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 Authorized Instruction continues in full force and effect until cancelled, revoked or superseded by a subsequent Authorized Instruction. Notwithstanding the foregoing, an Authorized Instruction to cancel, revoke, amend or otherwise supersede a prior Authorized Instruction may be ineffective should RBCIS already have acted, in any way, on such previous Authorized Instruction.
6.3 All Unless RBCIS advises the Customer that Authorized Instructions can only be given in a particular manner, all notices, Authorized Instructions and other communications under this Agreement shall be given by personal delivery, reputable courier service with proof of delivery, telephone, fax or secure 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 Authorized 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 Authorized Instruction) transmitted via Electronic 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, Error! Reference source not found. and 9.1 below, Authorized Instructions transmitted via Electronic Automated Systems shall be effective when received by RBCIS and any Authorized 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 Authorized Instructions due to not receiving electronically transmitted communications (including, without limitation, Authorized Instructions). In the event of any disagreement as to whether electronic communications (including, without limitation, Authorized 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 Authorized Instruction is given by an Authorized Person, regardless of the means in which the Authorized 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 Authorized Instruction and shall be under no duty to make any further investigation or inquiry as to any instruction or statement contained in any such Authorized Instruction or to acknowledge receipt of such Authorized Instruction prior to processing it. The Customer shall be responsible for ensuring that only Authorized Persons have access to any Automated Systems (as defined in Section 9.1 below, and that such Authorized 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 Authorized Person shall be deemed to be Authorized 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 Authorized Instructions promptlypromptly following receipt, but in accepting Authorized 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 Authorized Instructions.
6.7 RBCIS may, but shall not be obligated to, act on Authorized Instructions received after the applicable FX Cut-Off Time. RBCIS shall not be liable for Losses arising from Authorized Instructions not received by such applicable Cut-Off Time.
6.8 Without limiting the foregoing, RBCIS shall carry out Authorized Instructions only when the relevant market is open for dealings, and RBCIS shall carry out any Authorized 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).
Appears in 1 contract
Samples: Fx Services Agreement
