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 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 (Wt Mutual Fund), Administration and Accounting Services Agreement (Wt Mutual Fund), Administration and Accounting Services Agreement (Golf Associated 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 PFPC 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 (Kelmoore Strategy Variable Trust), 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 PFPC 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 and Related Services Agreement (Painewebber Financial Services Growth Fund Inc), Transfer Agency and Related Services Agreement (Painewebber Index Trust), Transfer Agency and Related Services Agreement (Painewebber Investment Series)
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 Fund, and the advice PFPC 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, gross 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, advice or Oral Instructions or Written Instructions PFPC receives from the Fund Fund, and the advice PFPC 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 and Related Services Agreement (Painewebber Series Trust), Agreement (Brinson Money Series), Transfer Agency and Related Services Agreement (Brinson Funds Inc)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from EII or the Fund and the advice 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), Form of Agreement (Eii Realty Securities Fund), Sub Administration and Accounting Services Agreement (Eii Realty Securities 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 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, ------------------ advice or Oral Instructions or Written Instructions PFPC receives from the Fund and the advice 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 (Lasalle Real Estate Securities Fund Inc), Administration and Accounting Services Agreement (RBB 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 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 (Astra Institutional Securities Trust), Accounting Services Agreement (Astra Strategic Investment Series), Administration and Accounting Services Agreement (BFM Institutional Trust Inc)
Conflicting Advice. In the event of a conflict between directions, advice or advice, Oral Instructions or Written Instructions PFPC receives from the Fund and the advice 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 (Webs Index Fund Inc), Administration and Accounting Services Agreement (Foreign 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 Fund, and the advice PFPC 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 3 contracts
Samples: Transfer Agency Services Agreement (Haven Capital Management Trust), Transfer Agency Services Agreement (Pax World Growth Fund Inc), 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 RSMC or the Fund and the advice 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 (Wt Mutual Fund), Accounting Services Agreement (Wt Mutual Fund), Accounting Services Agreement (Wt Investment Trust I)
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 PFPC 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 provided for in this Agreement.
Appears in 2 contracts
Samples: Transfer Agency Services and Shareh0lder Services Agreement Term and Conditions (Mitchell Hutchins Kidder Peabody Investment Trust Ii), Transfer Agency Services and Shareh0lder Services Agreement Term and Conditions (Mitchell Hutchins Kidder Peabody Investment Trust Iii)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund or RSMC and the advice 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: Accounting Services Agreement (Rodney Square Tax Exempt Fund), Accounting Services Agreement (Rodney Square Fund)
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 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 Fund Trust, and the advice PFPC 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 2 contracts
Samples: Transfer Agency Services Agreement (Hambrecht & Quist Fund Trust), Transfer Agency 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 Fund and the advice PFPC 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 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 Terms and Conditions (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 Xxxxxx and the advice 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 (Ht Insight Funds Inc), 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 a Fund, and the advice PFPC 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, gross 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 Trust receives from the Fund Fund, and the advice PFPC 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, gross 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 (Harris Insight Funds Trust), Custodian Services Agreement (Harris Insight Funds Trust)
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 PFPC 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 2 contracts
Samples: Agency Services Agreement (Ht Insight Funds Inc), Agency Services Agreement (Harris Insight Funds Trust)
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 and the advice 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, 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 (Pacific Innovations Trust), Accounting Services Agreement (Time Horizon Funds)
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 PFPC 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 2 contracts
Samples: Form of Transfer Agency Agreement (Mitchell Hutchins Portfolios), Agency and Related Services Agreement (Mitchell Hutchins Securities 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 PFPC 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. 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 Trust receives from the Fund Fund, and the advice PFPC 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, gross 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 Company or the Fund and the advice 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 receives from the Fund and the advice PFPC 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 provided for in this Agreement.. (d)
Appears in 2 contracts
Samples: Transfer Agency Services and Shareholder Services Agreement Terms and Conditions (Kidder Peabody California Tax Exempt Money Fund), Transfer Agency Services and Shareholder Services Agreement Terms and Conditions (Mitchell Hutchins Kidder Peabody Investment 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 PFPC 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. 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
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 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 and the advice 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 misfeasancernisfeasance, 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 (Rodney Square Strategic Equity 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 PFPC 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, 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 (Weiss Treasury Fund)
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 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 xxxxx xxxxx negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Samples: Investor Services Agreement (Wilmington Low Volatility Fund of Funds)
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 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, directions or advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund Fund, and the advice PFPC it receives from counsel, PFPC may Trust shall be entitled to rely upon and follow the advice of counsel. In PFPC Trust 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 Trust 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, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Samples: Form of Custodian Services Agreement (Roxbury Funds)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund or VKAC, and the advice PFPC 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: Sub Transfer Agency Services Agreement (Morgan Stanley Fund Inc)
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 Fund, and the advice PFPC it receives from counsel, PFPC Trust may rely upon and follow the advice of counsel. In the event PFPC so relies on , unless such advice materially conflicts with the advice of counselgiven by the Fund’s Counsel as to a legal requirement under the Securities Laws. If practical under the circumstance, PFPC remains liable for Trust shall notify the Fund prior to taking or not taking any action or omission on the part as a result 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 Agreementsuch conflicting advice.
Appears in 1 contract
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 PFPC 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 Trust, and the advice PFPC 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: Agency and Related Services Agreement (Mitchell Hutchins Securities 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 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 1 contract
Samples: Regulatory Administration Services Agreement (RBB Fund Inc)
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 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 (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 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, 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 (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 and the advice 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 or the Company, and the advice PFPC 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: Sub Transfer Agency Services Agreement (Morgan Stanley Fund Inc)
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 PFPC 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 Company and the advice 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 receives from the Fund and the advice 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, 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 and the advice 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.. (d)
Appears in 1 contract
Samples: Administration and Accounting Services Agreement (Offitbank Variable Insurance 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 PFPC 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
