Common use of Client Authority Clause in Contracts

Client Authority. If this Agreement is entered into by a trustee or other fiduciary, including but not limited to someone meeting the definition of "fiduciary" under the Employee Retirement Income Security Act of 1974 ("ERISA") of an employee benefit plan within the meaning of ERISA, such trustee or fiduciary represents and warrants that Client's participation in the Account is permitted by the relevant governing instrument of such plan, trust or other fiduciary relationship, and that Client is duly authorized to enter into this Agreement. Client agrees to furnish Royal Alliance with such instruments, upon reasonable request. Client further agrees to notify Royal Alliance of any event, which might affect this authority or the validity of the Agreement. If the Account is an ERISA Account and Client is electing discretionary services, Client additionally represents and warrants (i) that the governing instruments provide that an “investment manager” as defined under ERISA may be appointed, and (ii) that the person executing and delivering this Agreement on behalf of Client is a “named fiduciary” (as defined under ERISA) who has the power under the plan to appoint an investment manager. If Client is a corporation, the party executing this Agreement on behalf of Client represents that execution of this Agreement has been duly authorized by appropriate corporate action. The person signing this Agreement as a fiduciary of a Client agrees to indemnify and hold harmless Advisory Representative, Royal Alliance, Custodian and their respective officers, directors, agents, employees and affiliates from and against all losses, costs (including attorney’s fees and court costs), or damages, whether direct, indirect, special, incidental, consequential, punitive, or otherwise of any kind, claims, demands, proceedings, suits and actions, and all liabilities and expenses resulting from, in connection with, or arising out of any actions taken or not taken by Royal Alliance or its affiliates in reliance on representations made by such fiduciary.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

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Client Authority. If this Agreement is entered into by a trustee or other fiduciary, including but not limited to someone meeting the definition of "fiduciary" under the Employee Retirement Income Security Act of 1974 ("ERISA") ERISA of an employee benefit plan within the meaning of ERISA, such trustee or fiduciary represents and warrants that Client's participation in the Program Account is permitted by the relevant governing instrument of such plan, trust or other fiduciary relationship, and that Client is duly authorized to enter into this Agreement. Client agrees to furnish Royal Alliance Woodbury with such instruments, upon reasonable request. Client further agrees to notify Royal Alliance Xxxxxxxx of any event, which event that might affect this authority or the validity of the Agreement. If the Program Account is an ERISA Program Account and Client is electing discretionary servicesTrading Authority, Client additionally represents and warrants (i) that the governing instruments provide that an “investment manager” as defined under ERISA may be appointed, and (ii) that the person executing and delivering this Agreement on behalf of Client is a “named fiduciary” (as defined under ERISAXXXXX) who has the power under the plan to appoint an investment manager. If Client is a corporationcorporation or other legal entity, the party person executing this Agreement on behalf of Client represents that execution of this Agreement has been duly authorized by appropriate corporate actionaction by such corporation or legal entity’s governing body. The person signing this Agreement as a fiduciary of a Client agrees to indemnify and hold harmless Advisory Representative, Royal AllianceXxxxxxxx, Manager, and Custodian and their respective officers, directors, agents, employees and affiliates from and against all losses, costs (including attorney’s fees and court costs), or damages, whether direct, indirect, special, incidental, consequential, punitive, or otherwise otherwise, of any kind, claims, demands, proceedings, suits and actions, and all liabilities and expenses resulting from, in connection with, or arising out of any actions taken or not taken by Royal Alliance Woodbury or its affiliates in reliance on representations made by such fiduciary.

Appears in 1 contract

Samples: Terms and Conditions

Client Authority. If this Agreement is entered into by a trustee or other fiduciary, including but not limited to someone meeting the definition of "fiduciary" under the Employee Retirement Income Security Act of 1974 ("ERISA") ERISA of an employee benefit plan within the meaning of ERISA, such trustee or fiduciary represents and warrants that Client's participation in the Program Account is permitted by the relevant governing instrument of such plan, trust or other fiduciary relationship, and that Client is duly authorized to enter into this Agreement. Client agrees to furnish Royal Alliance with such instruments, upon reasonable request. Client further agrees to notify Royal Alliance of any event, which event that might affect this authority or the validity of the Agreement. If the Program Account is an ERISA Program Account and Client is electing discretionary servicesTrading Authority, Client additionally represents and warrants (i) that the governing instruments provide that an “investment manager” as defined under ERISA may be appointed, and (ii) that the person executing and delivering this Agreement on behalf of Client is a “named fiduciary” (as defined under ERISAXXXXX) who has the power under the plan to appoint an investment manager. If Client is a corporationcorporation or other legal entity, the party person executing this Agreement on behalf of Client represents that execution of this Agreement has been duly authorized by appropriate corporate actionaction by such corporation or legal entity’s governing body. The person signing this Agreement as a fiduciary of a Client agrees to indemnify and hold harmless Advisory Representative, Royal Alliance, Manager, and Custodian and their respective officers, directors, agents, employees and affiliates from and against all losses, costs (including attorney’s fees and court costs), or damages, whether direct, indirect, special, incidental, consequential, punitive, or otherwise otherwise, of any kind, claims, demands, proceedings, suits and actions, and all liabilities and expenses resulting from, in connection with, or arising out of any actions taken or not taken by Royal Alliance or its affiliates in reliance on representations made by such fiduciary.

Appears in 1 contract

Samples: Terms and Conditions

Client Authority. If this Agreement is entered into by a trustee or other fiduciary, including but not limited to someone meeting the definition of "fiduciary" under the Employee Retirement Income Security Act of 1974 ("ERISA") of an employee benefit plan within the meaning of ERISA, such trustee or fiduciary represents and warrants that Client's participation in the Account is permitted by the relevant governing instrument of such plan, trust or other fiduciary relationship, and that Client is duly authorized to enter into this Agreement. Client agrees to furnish Royal Alliance Woodbury with such instruments, upon reasonable request. Client further agrees to notify Royal Alliance Woodbury of any event, which might affect this authority or the validity of the Agreement. If the Account is an ERISA Account and Client is electing discretionary services, Client additionally represents and warrants (i) that the governing instruments provide that an “investment manager” as defined under ERISA may be appointed, and (ii) that the person executing and delivering this Agreement on behalf of Client is a “named fiduciary” (as defined under ERISA) who has the power under the plan to appoint an investment manager. If Client is a corporation, the party executing this Agreement on behalf of Client represents that execution of this Agreement has been duly authorized by appropriate corporate action. The person signing this Agreement as a fiduciary of a Client agrees to indemnify and hold harmless Advisory Representative, Royal AllianceWoodbury, Custodian and their respective officers, directors, agents, employees and affiliates from and against all losses, costs (including attorney’s fees and court costs), or damages, whether direct, indirect, special, incidental, consequential, punitive, or otherwise of any kind, claims, demands, proceedings, suits and actions, and all liabilities and expenses resulting from, in connection with, or arising out of any actions taken or not taken by Royal Alliance Woodbury or its affiliates in reliance on representations made by such fiduciary.

Appears in 1 contract

Samples: Terms and Conditions

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Client Authority. If this Agreement is entered into by a trustee or other fiduciary, including but not limited to someone meeting the definition of "fiduciary" under the Employee Retirement Income Security Act of 1974 ("ERISA") of an employee benefit plan within the meaning of ERISA, such trustee or fiduciary represents and warrants that Client's participation in the Account is permitted by the relevant governing instrument of such plan, trust or other fiduciary relationship, and that Client is duly authorized to enter into this Agreement. Client agrees to furnish Royal Alliance with such instruments, upon reasonable request. Client further agrees to notify Royal Alliance of any event, which might affect this authority or the validity of the Agreement. If the Account is an ERISA Account and Client is electing discretionary services, Client additionally represents and warrants (i) that the governing instruments provide that an “investment manager” as defined under ERISA may be appointed, and (ii) that the person executing and delivering this Agreement on behalf of Client is a “named fiduciary” (as defined under ERISA) who has the power under the plan to appoint an investment manager. If Client is a corporation, the party executing this Agreement on behalf of Client represents that execution of this Agreement has been duly authorized by appropriate corporate action. The person signing this Agreement as a fiduciary of a Client agrees to indemnify and hold harmless Advisory Representative, Royal Alliance, VISION2020 Wealth Management Corporation, Custodian and their respective officers, directors, agents, employees and affiliates from and against all losses, costs (including attorney’s fees and court costs), or damages, whether direct, indirect, special, incidental, consequential, punitive, or otherwise of any kind, claims, demands, proceedings, suits and actions, and all liabilities and expenses resulting from, in connection with, or arising out of any actions taken or not taken by Royal Alliance or its affiliates in reliance on representations made by such fiduciary.

Appears in 1 contract

Samples: Terms and Conditions

Client Authority. If this Agreement is entered into by a trustee or other fiduciary, including but not limited to someone meeting the definition of "fiduciary" under the Employee Retirement Income Security Act of 1974 ("ERISA") of an employee benefit plan within the meaning of ERISA, such trustee or fiduciary represents and warrants that Client's participation in the Account is permitted by the relevant governing instrument of such plan, trust or other fiduciary relationship, and that Client is duly authorized to enter into this Agreement. Client agrees to furnish Royal Alliance Advisor with such instruments, upon reasonable request. Client further agrees to notify Royal Alliance Advisor of any event, which might affect this authority or the validity of the Agreement. If the Account is an ERISA Account and Client is electing discretionary services, Client additionally represents and warrants (i) that the governing instruments provide that an “investment manager” as defined under ERISA may be appointed, and (ii) that the person executing and delivering this Agreement on behalf of Client is a “named fiduciary” (as defined under ERISA) who has the power under the plan to appoint an investment manager. If Client is a corporation, the party executing this Agreement on behalf of Client represents that execution of this Agreement has been duly authorized by appropriate corporate action. The person signing this Agreement as a fiduciary of a Client agrees to indemnify and hold harmless Advisory Representative, Advisor, Royal Alliance, VISION2020 Wealth Management Corporation, Custodian and their respective officers, directors, agents, employees and affiliates from and against all losses, costs (including attorney’s fees and court costs), or damages, whether direct, indirect, special, incidental, consequential, punitive, or otherwise of any kind, claims, demands, proceedings, suits and actions, and all liabilities and expenses resulting from, in connection with, or arising out of any actions taken or not taken by Royal Alliance Advisor or its affiliates in reliance on representations made by such fiduciary.

Appears in 1 contract

Samples: Independent Ria Agreement

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