Common use of Communications and Electronic Delivery Clause in Contracts

Communications and Electronic Delivery. (a) Unless otherwise specified herein, all communications contemplated by this Agreement shall be deemed to be duly given when received (i) by the Client from the Adviser orally; (ii) in writing by the Adviser at the Adviser’s address; (iii) when deposited by the Adviser and sent by first class mail addressed to the Client at the Client’s address; (iv) when delivered to the Client at an e-mail address specified by the Client from time to time (the “Email Address”), or (v) by the Adviser posting the communication on a web site to which the Client has password access (the “Web Site”). If this Agreement has more than one signatory, then the Client understands and agrees that the Adviser may provide, receive and accept communications to and from any such signatory, and that in such a case the Adviser has no duty or obligation to verify such communications with any other signatory to the Agreement. (b) Notwithstanding any other provisions of this Agreement, the Client hereby acknowledges and agrees that, consistent with Section 10(a) above, the Adviser may deliver communications and documents by electronic means rather than orally or by traditional mailing of paper copies. By consenting to the electronic delivery of all information relating to the Portfolio, the Client acknowledges possessing the technical ability and resources to receive electronic delivery of documents through the Email Address or a Web Site, and authorizes the Adviser to deliver all communications by e- mail to the Email Address, or by posting the communication on the Web Site. The Client further agrees that the Adviser may provide in any electronic medium (including via Email Address delivery or posting on a Web Site) any recommendation, disclosure or document that is required by applicable securities laws or this Agreement to be provided by the Adviser, and that use of any one method permitted under this Agreement for communications with the Client shall be sufficient to satisfy any delivery requirement hereunder. The consent granted herein will last until revoked in writing by the Client. In the event that no Email Address is provided to the Adviser by the Client, then the Client agrees that the Adviser may deliver communications and documents orally or by traditional mailing of paper copies. (c) The Client hereby acknowledges that voicemail, email, fax, and other similar means of communication may not come to the Adviser’s attention in a timely manner. Accordingly, the Client hereby acknowledges and agrees that if the Client uses such means of communication to make account requests or provide the Adviser with account instructions, such requests or instructions shall not bind the Adviser unless or until the Adviser confirms such requests or instructions; therefore, the Client should direct time-sensitive account requests or instructions to the Adviser only in person or by direct phone call, and the Client’s failure to do so may result in delayed implementation of the Client’s requests or instructions. (d) In the event the Client provides information through a third-party service, such as a client portal to a financial planning software service or account aggregation service provided by the Adviser, the Client hereby acknowledges that such information may not come to the Adviser’s attention in a timely manner. The Client further acknowledges such information may affect the Adviser’s services to the Client, including, but not limited to, advice given regarding the Portfolio or financial planning recommendation made. Accordingly, the Client hereby acknowledges and agrees if such a third-party service is used to provide information to the Adviser, the Adviser is not responsible for incorporating this information into the Adviser’s services to the Client unless or until the Adviser confirms such information; therefore, the Client should directly communicate such information to the Adviser in person, by direct phone call, or by email, and the Client’s failure to do so may result in the information not being incorporated in a timely manner, or incorporated at all, into the Advisor’s services to the Client.

Appears in 5 contracts

Samples: Non Discretionary Advisory Agreement, Non Discretionary Advisory Agreement, Discretionary Advisory Agreement

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Communications and Electronic Delivery. (a) Unless otherwise specified herein, all communications contemplated by this Agreement shall be deemed to be duly given when received (i) by the Client from the Adviser orally; (ii) in writing by the Adviser at the Adviser’s address; (iii) when deposited by the Adviser and sent by first class mail addressed to the Client at the Client’s address; (iv) when delivered to the Client at an e-mail address specified by the Client from time to time (the “Email Address”), or (v) by the Adviser posting the communication on a web site to which the Client has password access (the “Web Site”). If this Agreement has more than one signatory, then the Client understands and agrees that the Adviser may provide, receive and accept communications to and from any such signatory, and that in such a case the Adviser has no duty or obligation to verify such communications with any other signatory to the Agreement. (b) Notwithstanding any other provisions of this Agreement, the Client hereby acknowledges and agrees that, consistent with Section 10(a) above, the Adviser may deliver communications and documents by electronic means rather than orally or by traditional mailing of paper copies. By consenting to the electronic delivery of all information relating to the Portfolio, the Client acknowledges possessing the technical ability and resources to receive electronic delivery of documents through the Email Address or a Web Site, and authorizes the Adviser to deliver all communications by e- mail to the Email Address, or by posting the communication on the Web Site. The Client further agrees that the Adviser may provide in any electronic medium (including via Email Address delivery or posting on a Web Site) any recommendation, disclosure or document that is required by applicable securities laws or this Agreement to be provided by the Adviser, and that use of any one method permitted under this Agreement for communications with the Client shall be sufficient to satisfy any delivery requirement hereunder. The consent granted herein will last until revoked in writing by the Client. In the event that no Email Address is provided to the Adviser by the Client, then the Client agrees that the Adviser may deliver communications and documents orally or by traditional mailing of paper copies. (c) The Client hereby acknowledges that voicemail, email, fax, and other similar means of communication may not come to the Adviser’s attention in a timely manner. Accordingly, the Client hereby acknowledges and agrees that if the Client uses such means of communication to make account requests or provide the Adviser with account instructions, such requests or instructions shall not bind the Adviser unless or until the Adviser confirms such requests or instructions; therefore, the Client should direct time-sensitive account requests or instructions to the Adviser only in person or by direct phone call, and the Client’s failure to do so may result in delayed implementation of the Client’s requests or instructions. (d) In the event the Client provides information through a third-party service, such as a client portal to a financial planning software service or account aggregation service provided by the Adviser, the Client hereby acknowledges that such information may not come to the Adviser’s attention in a timely manner. The Client further acknowledges such information may affect the Adviser’s services to the Client, including, but not limited to, advice given regarding the Portfolio or financial planning recommendation made. Accordingly, the Client hereby acknowledges and agrees if such a third-party service is used to provide information to the Adviser, the Adviser is not responsible for incorporating this information into the Adviser’s services to the Client unless or until the Adviser confirms such information; therefore, the Client should directly communicate such information to the Adviser in person, by direct phone call, or by email, and the Client’s failure to do so may result in the information not being incorporated in a timely manner, or incorporated at all, into the Advisor’s services to the Client.

Appears in 3 contracts

Samples: Non Discretionary Advisory Agreement, Non Discretionary Advisory Agreement, Non Discretionary Advisory Agreement

Communications and Electronic Delivery. (a) Unless otherwise specified herein, all communications contemplated by this Agreement shall be deemed to be duly given when received (i) by the Client from the Adviser orally; (ii) in writing by the Adviser at the Adviser’s address; (iii) when deposited by the Adviser and sent by first class mail addressed to the Client at the Client’s address; (iv) when delivered to the Client at an e-mail address specified by the Client from time to time (the “Email Address”), or (v) by the Adviser posting the communication on a web site to which the Client has password access (the “Web Site”). If this Agreement has more than one signatory, then the Client understands and agrees that the Adviser may provide, receive and accept communications to and from any such signatory, and that in such a case the Adviser has no duty or obligation to verify such communications with any other signatory to the Agreement. (b) Notwithstanding any other provisions of this Agreement, the Client hereby acknowledges and agrees that, consistent with Section 10(a) above, the Adviser may deliver communications and documents by electronic means rather than orally or by traditional mailing of paper copies. By consenting to the electronic delivery of all information relating to the Portfolio, the Client acknowledges possessing the technical ability and resources to receive electronic delivery of documents through the Email Address or a Web Site, and authorizes the Adviser to deliver all communications by e- mail email to the Email Address, or by posting the communication on the Web Site. The Client further agrees that the Adviser may provide in any electronic medium (including via Email Address delivery or posting on a Web Site) any recommendation, disclosure or document that is required by applicable securities laws or this Agreement to be provided by the Adviser, and that use of any one method permitted under this Agreement for communications with the Client shall be sufficient to satisfy any delivery requirement hereunder. The consent granted herein will last until revoked in writing by the Client. In the event that no Email Address is provided to the Adviser by the Client, then the Client agrees that the Adviser may deliver communications and documents orally or by traditional mailing of paper copies. (c) The Client hereby acknowledges that voicemail, email, fax, and other similar means of communication may not come to the Adviser’s attention in a timely manner. Accordingly, the Client hereby acknowledges and agrees that if the Client uses such means of communication to make account requests or provide the Adviser with account instructions, such requests or instructions shall not bind the Adviser unless or until the Adviser confirms such requests or instructions; therefore, the Client should direct time-sensitive account requests or instructions to the Adviser only in person or by direct phone call, and the Client’s failure to do so may result in delayed implementation of the Client’s requests or instructions. (d) In the event the Client provides information through a third-party service, such as a client portal to a financial planning software service or account aggregation service provided by the Adviser, the Client hereby acknowledges that such information may not come to the Adviser’s attention in a timely manner. The Client further acknowledges such information may affect the Adviser’s services to the Client, including, but not limited to, advice given regarding the Portfolio or financial planning recommendation made. Accordingly, the Client hereby acknowledges and agrees if such a third-party service is used to provide information to the Adviser, the Adviser is not responsible for incorporating this information into the Adviser’s services to the Client unless or until the Adviser confirms such information; therefore, the Client should directly communicate such information to the Adviser in person, by direct phone call, or by email, and the Client’s failure to do so may result in the information not being incorporated in a timely manner, or incorporated at all, into the Advisor’s services to the Client.

Appears in 2 contracts

Samples: Defined Contribution Plan Advisory Agreement, Defined Contribution Plan Advisory Agreement

Communications and Electronic Delivery. (a) Unless otherwise specified herein, all communications contemplated by this Agreement shall will be deemed to be duly given when received given: (i) when received by the Client from the Adviser orally; (ii) in writing when received by the Adviser from the Client in writing at the Adviser’s addressaddress if delivered in-person or through U.S. mail or overnight courier; (iii) when deposited by the Adviser and if sent by first class mail or overnight courier addressed to the Client at the Client’s address; (iv) when delivered to the Client at an e-mail address specified by the Client from time to time (the “Email Address”), ; or (v) by when the Adviser posting posts the communication on a web site (which will be protected by password access to which the extent such communication contains information that is personal to the Client has password access or specific to the Portfolio) (the “Web Site”). If this Agreement has more than one signatory, then the Client understands and agrees that the Adviser may provide, receive and accept communications to and from any such signatory, and that in such a case the Adviser has no duty or obligation to verify such communications with any other signatory to the Agreement.. All notices delivered to the Client will be delivered to the address, Email Address or facsimile number set forth on the signature page to this Agreement, as amended from time to time. Either party may change its contact information by delivering written notice to the other delivered in accordance with this Section 10(a). Xxxxxxxx Investment Services, LLC 0000 X. Xxxxxx Street, Suite 215 Conshohocken, PA 19428 Attention: Xxxxx X. Xxxxxxxx (b) Notwithstanding any other provisions of this Agreement, the Client hereby acknowledges and agrees that, consistent with Section 10(a) above, the Adviser may deliver communications and documents by electronic means rather than orally or by traditional mailing of paper copies. By consenting to the electronic delivery of all information relating to the Portfoliodelivery, the Client acknowledges possessing the technical ability and resources to receive electronic delivery of documents through the Email Address or a Web Site, and authorizes the Adviser to deliver all communications by e- e-mail to the Email Address, or by posting the communication on the a Web Site. The Client further agrees that the Adviser may provide in any electronic medium (including via Email Address delivery or posting on a Web Site) any recommendation, disclosure or document that is required by applicable securities laws or this Agreement to be provided by the Adviser, and that use of any one method permitted under this Agreement for communications with the Client shall will be sufficient to satisfy any delivery requirement hereunder. The consent granted herein will last until revoked in writing by the Client. In the event that If no Email Address is provided to the Adviser by the Client, then the Client agrees that the Adviser may deliver communications and documents orally or by traditional mailing of paper copies. (c) The Client hereby acknowledges that voicemail, email, fax, and other similar means of communication may not come to the Adviser’s attention in a timely manner. Accordingly, the Client hereby acknowledges and agrees that if the Client uses such means of communication to make account requests or provide the Adviser with account instructions, such requests or instructions shall not bind the Adviser unless or until the Adviser confirms such requests or instructions; therefore, the Client should direct time-sensitive account requests or instructions to the Adviser only in person or by direct phone call, and the Client’s failure to do so may result in delayed implementation of the Client’s requests or instructions. (d) In the event the Client provides information through a third-party service, such as a client portal to a financial planning software service or account aggregation service provided by the Adviser, the Client hereby acknowledges that such information may not come to the Adviser’s attention in a timely manner. The Client further acknowledges such information may affect the Adviser’s services to the Client, including, but not limited to, advice given regarding the Portfolio or financial planning recommendation made. Accordingly, the Client hereby acknowledges and agrees if such a third-party service is used to provide information to the Adviser, the Adviser is not responsible for incorporating this information into the Adviser’s services to the Client unless or until the Adviser confirms such information; therefore, the Client should directly communicate such information to the Adviser in person, by direct phone call, or by email, and the Client’s failure to do so may result in the information not being incorporated in a timely manner, or incorporated at all, into the Advisor’s services to the Client.

Appears in 1 contract

Samples: Investment Advisory Agreement

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Communications and Electronic Delivery. (a) Unless otherwise specified herein, all communications contemplated by this Agreement shall be deemed to be duly given when received (i) by the Client from the Adviser orally; (ii) in writing by the Adviser at the Adviser’s address; (iii) when deposited by the Adviser and sent by first class mail addressed to the Client at the Client’s address; (iv) when delivered to the Client at an e-mail address specified by the Client from time to time (the “Email Address”), or (v) by the Adviser posting the communication on a web site to which the Client has password access (the “Web Site”). If this Agreement has more than one signatory, then the Client understands and agrees that the Adviser may provide, receive and accept communications to and from any such signatory, and that in such a case the Adviser has no duty or obligation to verify such communications with any other signatory to the Agreement. (b) Notwithstanding any other provisions of this Agreement, the Client hereby acknowledges and agrees that, consistent with Section 10(a8(a) above, the Adviser may deliver communications and documents by electronic means rather than orally or by traditional mailing of paper copies. By consenting to the electronic delivery of all information relating to the PortfolioFinancial Plan, the Client acknowledges possessing the technical ability and resources to receive electronic delivery of documents through the Email Address or a Web Site, and authorizes the Adviser to deliver all communications by e- mail to the Email Address, or by posting the communication on the Web Site. The Client further agrees that the Adviser may provide in any electronic medium (including via Email Address delivery or posting on a Web Site) any recommendation, disclosure or document that is required by applicable securities laws or this Agreement to be provided by the Adviser, and that use of any one method permitted under this Agreement for communications with the Client shall be sufficient to satisfy any delivery requirement hereunder. The consent granted herein will last until revoked in writing by the Client. In the event that no Email Address is provided to the Adviser by the Client, then the Client agrees that the Adviser may deliver communications and documents orally or by traditional mailing of paper copies. (c) The Client hereby acknowledges that voicemail, email, fax, and other similar means of communication may not come to the Adviser’s attention in a timely manner. Accordingly, the Client hereby acknowledges and agrees that if the Client uses such means of communication to make account requests or provide the Adviser with account instructions, such requests or instructions shall not bind the Adviser unless or until the Adviser confirms such requests or instructions; therefore, the Client should direct time-sensitive account requests or instructions to the Adviser only in person or by direct phone call, and the Client’s failure to do so may result in delayed implementation of the Client’s requests or instructions. (d) In the event the Client provides information through a third-party service, such as a client portal to a financial planning software service or account aggregation service provided by the Adviser, the Client hereby acknowledges that such information may not come to the Adviser’s attention in a timely manner. The Client further acknowledges such information may affect the Adviser’s services to the Client, including, but not limited to, advice given regarding the Portfolio or financial planning recommendation made. Accordingly, the Client hereby acknowledges and agrees if such a third-party service is used to provide information to the Adviser, the Adviser is not responsible for incorporating this information into the Adviser’s services to the Client unless or until the Adviser confirms such information; therefore, the Client should directly communicate such information to the Adviser in person, by direct phone call, or by email, and the Client’s failure to do so may result in the information not being incorporated in a timely manner, or incorporated at all, into the Advisor’s services to the Client.

Appears in 1 contract

Samples: Financial Planning Agreement

Communications and Electronic Delivery. (a) Unless otherwise specified herein, all communications contemplated by this Agreement shall be deemed to be duly given when received (i) when received by the Client from the Adviser orally; (ii) when received by the Adviser from the Client in writing by the Adviser at the Adviser’s addressaddress if delivered in-person or through U.S. mail or overnight courier; (iii) when deposited by the Adviser and if sent by first class mail or overnight courier addressed to the Client at the Client’s address; (iv) when delivered to the Client at an e-mail address specified by the Client from time to time (the “Email Address”), or (v) by when the Adviser posting posts the communication on a web site to which the Client has password access (the “Web Site”). If this Agreement has more than one signatory, then the Client understands and agrees that the Adviser may provide, receive and accept communications to and from any such signatory, and that in such a case the Adviser has no duty or obligation to verify such communications with any other signatory to the Agreement.. All notices delivered to the Client shall be delivered to the address, e-mail address or facsimile number set forth on the signature page to this Agreement, as amended from time to time. Either party may change its contact information by delivering written notice to the other delivered in accordance with this Section 12(a). Willingdon Wealth Management, LLC 00000 Xxxxx Xxxxxxxxx Suite 155 Huntersville, NC 28078 (b) Notwithstanding any other provisions of this Agreement, the Client hereby acknowledges and agrees that, consistent with Section 10(a12(a) above, the Adviser may deliver communications and documents by electronic means rather than orally or by traditional mailing of paper copies. By consenting to the electronic delivery of all information relating to the Portfolio, the Client acknowledges possessing the technical ability and resources to receive electronic delivery of documents through the Email Address or a Web Site, and authorizes the Adviser to deliver all communications by e- e-mail to the Email Address, or by posting the communication on the Web Site. The Client further agrees that the Adviser may provide in any electronic medium (including via Email Address delivery or posting on a Web Site) any recommendation, disclosure or document that is required by applicable securities laws or this Agreement to be provided by the Adviser, and that use of any one method permitted under this Agreement for communications with the Client shall be sufficient to satisfy any delivery requirement hereunder. The consent granted herein will last until revoked in writing by the Client. In the event that If no Email Address is provided to the Adviser by the Client, then the Client agrees that the Adviser may deliver communications and documents orally or by traditional mailing of paper copies. (c) The Client hereby acknowledges that voicemail, email, fax, and other similar means of communication may not come to the Adviser’s attention in a timely manner. Accordingly, the Client hereby acknowledges and agrees that if the Client uses such means of communication to make account requests or provide the Adviser with account instructions, such requests or instructions shall not bind the Adviser unless or until the Adviser confirms such requests or instructions; therefore, the Client should direct time-sensitive account requests or instructions to the Adviser only in person or by direct phone call, and the Client’s failure to do so may result in delayed implementation of the Client’s requests or instructions. (d) In the event the Client provides information through a third-party service, such as a client portal to a financial planning software service or account aggregation service provided by the Adviser, the Client hereby acknowledges that such information may not come to the Adviser’s attention in a timely manner. The Client further acknowledges such information may affect the Adviser’s services to the Client, including, but not limited to, advice given regarding the Portfolio or financial planning recommendation made. Accordingly, the Client hereby acknowledges and agrees if such a third-party service is used to provide information to the Adviser, the Adviser is not responsible for incorporating this information into the Adviser’s services to the Client unless or until the Adviser confirms such information; therefore, the Client should directly communicate such information to the Adviser in person, by direct phone call, or by email, and the Client’s failure to do so may result in the information not being incorporated in a timely manner, or incorporated at all, into the Advisor’s services to the Client.

Appears in 1 contract

Samples: Discretionary Investment Advisory Agreement

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