Common use of Conflicting Advice Clause in Contracts

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 47 contracts

Samples: Transfer Agency and Related Services Agreement (Sma Relationship Trust), Transfer Agency and Related Services Agreement (Painewebber Mutual Fund Trust), Transfer Agency and Related Services Agreement (Painewebber Managed Municipal Trust /Ny/)

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Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 21 contracts

Samples: Administration and Accounting Services Agreement (FBR Family of Funds), Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services Agreement (Wt Mutual Fund)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 21 contracts

Samples: Transfer Agency Services Agreement (Eii Realty Securities Trust), Transfer Agency Services Agreement (FBR Family of Funds), Transfer Agency Services Agreement (Driehaus Mutual Funds)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth provided for in this Agreement.

Appears in 5 contracts

Samples: Transfer Agency Services and Shareholder Services Agreement (Kidder Peabody California Tax Exempt Money Fund), Transfer Agency Services and Shareholder Services Agreement (Mitchell Hutchins Kidder Peabody Investment Trust), Transfer Agency Services and Shareholder Services Agreement (Mitchell Hutchins Kidder Peabody Investment Trust Ii)

Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund, and the advice it receives from counsel, PFPC may Trust shall be entitled to rely upon and follow the advice of counsel. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 4 contracts

Samples: Custodian Services Agreement (Virtus Institutional Trust), Custodian Services Agreement (Virtus Insight Trust), Custodian Services Agreement (Virtus Opportunities Trust)

Conflicting Advice. In the event of a conflict between directions, directions or ------------------ advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event Reliance on such advice, however, does not excuse PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in from its duties under this Agreement.

Appears in 4 contracts

Samples: Transfer Agency Services Agreement (Pimco New York Municipal Income Fund), Transfer Agency Services Agreement (Pimco Municipal Income Fund), Transfer Agency Services Agreement (Pimco California Municipal Income Fund)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 4 contracts

Samples: Transfer Agency Services Agreement (Harris Insight Funds Trust), Transfer Agency Services Agreement (Haven Capital Management Trust), Transfer Agency Services Agreement (BFM Institutional Trust Inc)

Conflicting Advice. In the event of a conflict between ------------------ directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 4 contracts

Samples: Transfer Agency and Related Services Agreement (Brinson Money Series), Transfer Agency and Related Services Agreement (Brinson Funds Inc), Transfer Agency and Related Services Agreement (Brinson Money Series)

Conflicting Advice. In the event of a conflict between directions, advice or advice, Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 4 contracts

Samples: Administration and Accounting Services Agreement (Webs Index Fund Inc), Administration and Accounting Services Agreement (WFBS Index Fund Inc), Administration and Accounting Services Agreement (Foreign Fund Inc)

Conflicting Advice. In the event of a conflict between directions, ------------------ advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 4 contracts

Samples: Transfer Agency and Related Services Agreement (Painewebber Index Trust), Transfer Agency and Related Services Agreement (Painewebber Investment Series), Transfer Agency and Related Services Agreement (Painewebber Investment Trust Ii)

Conflicting Advice. In the event of a conflict between directions, ------------------ advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 3 contracts

Samples: Accounting Services Agreement (Conseco Strategic Income Fund), Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services Agreement (Lasalle Real Estate Securities Fund Inc)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from RSMC or the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 3 contracts

Samples: Sub Administration and Accounting Services Agreement (Wt Mutual Fund), Sub Administration and Accounting Services Agreement (Wt Investment Trust I), Sub Administration and Accounting Services Agreement (Wt Mutual Fund)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 3 contracts

Samples: Administration and Accounting Services Agreement (BFM Institutional Trust Inc), Accounting Services Agreement (Astra Institutional Securities Trust), Accounting Services Agreement (Astra Strategic Investment Series)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from EII or the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 3 contracts

Samples: Sub Administration and Accounting Services Agreement (Eii Realty Securities Trust), Sub Administration and Accounting Services Agreement (Eii Realty Securities Trust), Sub Administration and Accounting Services Agreement (Eii Realty Securities Fund)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund, and the advice it receives from counsel, PFPC may Trust shall be entitled to rely upon and follow the advice of counsel. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 3 contracts

Samples: Custodian Services Agreement (Harris Insight Funds Trust), Custodian Services Agreement (Harris Insight Funds Trust), Custodian Services Agreement (Phoenix Insight Funds Trust)

Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable responsible for any action or omission on the part of PFPC in carrying out such advice which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 3 contracts

Samples: Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services Agreement (RBB Fund Inc)

Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In PFPC shall provide the event Fund with prior written notice of its intention to follow advice of counsel that is materially inconsistent with Oral or Written Instructions. PFPC so relies on shall further provide the Fund with a copy of such advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 3 contracts

Samples: Administration and Accounting Services Agreement (CRM Mutual Fund Trust), Administration and Accounting Services Agreement (Roxbury Funds), Administration and Accounting Services Agreement (CRM Mutual Fund Trust)

Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In PFPC shall provide the event Fund with prior written notice of its intention to follow advice of counsel that is materially inconsistent with Oral or Written Instructions. PFPC so relies on shall further provide the Fund with a copy of such advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 3 contracts

Samples: Transfer Agency Services Agreement (CRM Mutual Fund Trust), Transfer Agency Services Agreement (Roxbury Funds), Transfer Agency Services Agreement (CRM Mutual Fund Trust)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Trust and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 2 contracts

Samples: Administration and Accounting Services Agreement (Hambrecht & Quist Fund Trust), Administration and Accounting Services Agreement (Hambrecht & Quist Fund Trust)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the FundXxxxxx, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 2 contracts

Samples: Sub Transfer Agency Services Agreement (Harris Insight Funds Trust), Sub Transfer Agency Services Agreement (Ht Insight Funds Inc)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from Bank of America or the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains shall remain liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 2 contracts

Samples: Sub Administration and Accounting Services Agreement (Time Horizon Funds), Sub Administration and Accounting Services Agreement (Pacific Innovations Trust)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Company or the Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 2 contracts

Samples: Sub Administration Services Agreement (Astra Institutional Securities Trust), Sub Administration Services Agreement (Astra Strategic Investment Series)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund, and the advice it receives from counsel, PFPC may Trust shall be entitled to rely upon and follow the advice of counsel. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Hillview Investment Trust Ii), Custodian Services Agreement (Berwyn Income Fund Inc)

Conflicting Advice. In the event of a conflict between ------------------ directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth provided for in this Agreement.

Appears in 2 contracts

Samples: Transfer Agency Services and Shareholder Services Agreement (Managed Accounts Services Portfolio Trust), Transfer Agency Services and Shareholder Services Agreement (Paine Webber Kidder Peabody Municipal Money Market Series)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it PFPC receives from counselcounsel , PFPC may rely upon and follow the advice of such counsel. In PFPC shall promptly inform the event Fund of such conflict and, in any event, before taking the action in question. If PFPC so relies on the advice of counsel, PFPC remains will remain liable for any action or omission on the part of PFPC which constitutes willful wilfull misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations obligation or responsibilities set forth in this Agreement.

Appears in 2 contracts

Samples: Administration, Accounting and Investor Services Agreement (Gam Avalon Dinadan LLC), Administration, Accounting and Investor Services Agreement (Gam Avalon Palemedes LLC)

Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC receives from the a Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable it shall be responsible for any action or omission on the its part of PFPC in carrying out such advice which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC it of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 2 contracts

Samples: Transfer Agency Services Agreement (Allegiant Advantage Fund), Transfer Agency Services Agreement (Allegiant Funds)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund or RSMC and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 2 contracts

Samples: Sub Administration and Accounting Services Agreement (Rodney Square Tax Exempt Fund), Sub Administration and Accounting Services Agreement (Rodney Square Fund)

Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement. In any such case, PFPC will use its reasonable efforts to contact the Fund prior to or promptly after taking any actions inconsistent with Oral Instructions or Written Instructions previously received from the Fund.

Appears in 2 contracts

Samples: Transfer Agency Services Agreement (MGI Funds), Transfer Agency Services Agreement (MGI Funds)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Xxxxxx and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 2 contracts

Samples: Sub Administration and Accounting Services Agreement (Ht Insight Funds Inc), Sub Administration and Accounting Services Agreement (Harris Insight Funds Trust)

Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains PPFC shall remain liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, duties or obligations or responsibilities set forth in this Agreementherein.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Gam Funds Inc)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from RSMC or the Fund, and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, xxxxx xxxxx negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Sub Administration, Accounting and Investor Services Agreement (Wilmington Low Volatility Fund of Funds)

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Conflicting Advice. In the event of a conflict between ------------------ directions, advice or Oral Instructions or Written Instructions PFPC receives from the FundTrust, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Transfer Agency and Related Services Agreement (Mitchell Hutchins Securities Trust)

Conflicting Advice. In the event of a conflict between ------------------ directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Lasalle Real Estate Securities Fund Inc)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable liable, to the extent provided for in Paragraph 13 of this Agreement, for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Weiss Treasury Fund)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the FundCompany, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Managed Income Securities Plus Fund Inc)

Conflicting Advice. In the event of a conflict ------------------ between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Administrative Services Agreement (Bear Stearns Funds)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Company and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Sub Administration and Accounting Services Agreement (Managed Income Securities Plus Fund Inc)

Conflicting Advice. In the event of a conflict between directions, ------------------ advice or Oral Instructions or Written Instructions PFPC PNC receives from the Fund, and the advice it receives from counsel, PFPC PNC may rely upon and follow the advice of counsel. In the event PFPC PNC so relies on the advice of counsel, PFPC PNC remains liable for any action or omission on the part of PFPC PNC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC PNC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Managed High Yield Plus Fund Inc)

Conflicting Advice. In the event of a conflict between ------------------ directions, advice or Oral Instructions or Written Instructions PFPC PNC receives from the Fund, and the advice it receives from counsel, PFPC PNC may rely upon and follow the advice of counsel. In the event PFPC PNC so relies on the advice of counsel, PFPC PNC remains liable for any action or omission on the part of PFPC PNC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC PNC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Conseco Strategic Income Fund)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable liable, to the extent provided for in Paragraph 13 of this Agreement, for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Administration and Accounting Services Agreement (Weiss Treasury Fund)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Trust or RSMC and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Sub Administration and Accounting Services Agreement (Wt Mutual Fund)

Conflicting Advice. In the event of a conflict between ------------------ directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Administration and Accounting Services Agreement (Weiss Treasury Fund)

Conflicting Advice. In the event of a conflict between -------------------- directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, if it involves an issue of compliance with law or legal requirements, PFPC may rely upon and follow the advice of counsel. In counsel only after it has discussed the event PFPC so relies on matter with the advice of counsel, PFPC remains liable for any action or omission on Fund and the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this AgreementFund's counsel and the conflict is not resolved.

Appears in 1 contract

Samples: Administration, Accounting and Transfer Agent Services Agreement (Citigroup Alternative Investments Multi Adv Hedge Fu Por LLC)

Conflicting Advice. In the event of a conflict between ------------------ directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Administration and Accounting Services Agreement (Lasalle Master Trust)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.PFPC

Appears in 1 contract

Samples: Administration and Accounting Services Agreement (Haven Capital Management Trust)

Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable responsible for any action or omission on the part of PFPC in carrying out such advice which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Regulatory Administration Services Agreement (RBB Fund Inc)

Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on , unless such advice conflicts with the advice of counselgiven to it by the Fund's counsel as to a legal requirement under the Securities Laws. If practical under the circumstance, PFPC remains liable for any action or omission on shall promptly inform the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC Fund of any duties, obligations or responsibilities set forth such conflict before taking the action in this Agreementquestion.

Appears in 1 contract

Samples: Administration Assistance Services Agreement (Meridian Fund Inc/New)

Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement. In any such case, PFPC will use its reasonable efforts to contact the Fund prior to or promptly after taking any actions inconsistent with Instructions previously received from the Fund.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (MGI Funds)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counselcounsel after notice to the Fund. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Administration and Accounting Services Agreement (Master Investment Trust Series I)

Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, E*TRADE and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: State Securities Services Agreement (E Trade Funds)

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