Effect of Direction Sample Clauses

Effect of Direction. The Custodian and its agents may conclusively rely upon and shall be protected in acting upon any direction from the Investment Professional or the Participant (or the Participant’s Authorized Agent or, following the death of the Participant, his or her beneficiary, executor or administrator) believed by it to be genuine, and, so long as it acts in good faith, in taking or omitting to take any other action. The Custodian shall have no duty to question the directions of the Investment Professional or the Participant (or the Participant’s Authorized Agent, beneficiary, executor or administrator), regarding the investment of the assets in the Participant’s SIMPLE IRA or to advise such persons regarding the purchase, retention or sale of such investments, nor shall the Custodian or the Sponsoring Organization or any of their affiliates be liable for any loss that results from the exercise of control (whether by his or her action or inaction) over the Participant’s SIMPLE IRA by the Participant (or the Participant’s Authorized Agent, beneficiary, executor or administrator).
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Effect of Direction. The Custodian may conclusively rely upon and shall be protected in acting upon any written order, telephone instructions, or authorized electronic instructions from the Participant (or his or her Authorized Agent), the Employer or any other notice, request, consent, certificate or other instrument or paper (collectively a “direction”) believed by the Custodian to be genuine and to have been properly executed, and, so long as it acts in good faith, in taking or omitting to take any action. The Custodian has no duty to question any instructions or directions of the Participant regarding the investment of the assets in the Account or any fund allocation or to advise the Participant regarding the purchase, retention or sale of such investments, nor shall the Custodian or the Company be liable for any loss that results from the exercise of control (whether by his or her action or inaction) over the Account by the Participant. For purposes of this Article 5.5, such direction by the Participant may also be made electronically in accordance with procedures prescribed by the Custodian; provided, however, that the Custodian shall be fully protected in relying on such direction as if it were a direction made in writing by the Participant.
Effect of Direction. The Custodian, the Company, and their agents, may conclusively rely upon and shall be protected in acting upon any written direction or telephone instruction from the Employee (or the Employee's Beneficiary, executor or administrator, as applicable) or any other notice, request, consent, certificate or other instrument or paper believed by the Custodian to be genuine and to have been properly executed. Neither the Custodian nor the Company shall have any duty to question any direction of the Employee (or the Employee's Beneficiary, executor or administrator, as applicable) regarding the investment of the assets of the Custodial Account or to advise such persons regarding the purchase, retention or sale of such investments, nor shall the Custodian or the Company, or any of their affiliates be liable for any loss that results from the exercise of control (whether by action or inaction) over the Custodial Account by the Employee (or the Employee's Beneficiary, executor or administrator, as applicable).
Effect of Direction. The Custodian and its agents may conclusively rely upon and shall be protected in acting upon any direction from the Participant (or the Participant’s Authorized Agent or, following the death of the Participant, his or her beneficiary, executor or administrator) believed by it to be genuine, and, so long as it acts in good faith, in tak- ing or omitting to take any other action. The Custodian shall have no duty to question the directions of the Participant (or the Participant’s Authorized Agent) (or the Participant’s beneficiary, executor or adminis-
Effect of Direction. The Custodian and its agents may conclusively rely upon and shall be protected in acting upon any direction from the Participant (or the Participant's Authorized Agent) (or, following the death of the Participant, his or her beneficiary, executor or administrator) believed by it to be genuine, and, so long as it acts in good faith, in taking or omitting to take any other action. The Custodian shall have no duty to question the directions of the Participant (or the Participant's Authorized Agent) (or, following the death of the Participant, his or her beneficiary, executor or administrator), regarding the investment of the assets in the Participant's IRA or to advise such persons regarding the purchase, retention or sale of such investments, nor shall the Custodian or the Sponsoring Organization, or any of their affiliates, be liable for nay loss that results from the exercise of control (whether by his or her action or inaction) over the Participant's IRA by the Participant (or the Participant's Authorized Agent) (or, following the death of the Participant, his or her beneficiary, executor or administrator).

Related to Effect of Direction

  • Effect of Decision The decision or award of the arbitrator shall be final and binding upon the University, the UFF, and the grievant, provided that either party may appeal to an appropriate court of law a decision that was rendered by the arbitrator acting outside of or beyond the arbitrator's jurisdiction, pursuant to Section 682.13, Florida Statutes.

  • Effect of Absence Where any leave of absence without pay exceeds thirty (30) continuous calendar days, the following shall apply: (a) The Employer shall pay its share of the health and welfare benefits for the calendar month in which the leave commences and in the month immediately following. (b) If the leave of absence exceeds thirty (30) consecutive calendar days, benefit coverage may be continued by the employee, provided that she pays the total cost of the premiums to the Employer for each monthly period in excess of the thirty (30) consecutive calendar days leave of absence except as modified by (a). (c) Benefits will accrue from the date of return to employment following such leave of absence. (d) The employee's anniversary date for salary increases shall be adjusted by the period of time in excess of the thirty (30) continuous calendar days, and the new anniversary date shall prevail thereafter. (e) Seniority, service, vacation credits or any other benefits under any provision of the collective agreement or elsewhere will not accumulate, but will remain fixed at the amount held at the commencement of the leave. (f) Notwithstanding the above, the Employer shall continue to pay its share of the premium for the benefit plans for employees who are on paid leave of absence or WSIB, and will continue to pay its share of the premium for the benefit plans in accordance with the Employment Standards Act for employees who are on pregnancy/parental leave (currently a maximum of eighteen (18) months) or family medical leave (currently a maximum of twenty-eight (28) weeks in a fifty-two (52) week period) or emergency leave (currently a maximum of three (3) unpaid sick leave days for personal illness, three (3) unpaid family responsibility leave days for family member illness or other urgent matters, and two (2) unpaid bereavement leave days per year). It is understood that the obligation of the Employer to pay its share of the health and welfare benefits while an employee is on WSIB shall continue only so long as the employment relationship continues or thirty months, whichever occurs first unless prohibited by legislation. For purposes of this provision, it is understood and agreed that any absence under Article 14.01 shall be considered a leave with pay. (g) It is understood that an employee who chooses to continue benefits under (a), (b) or (f) above shall provide the Employer with payment for the amount required on or before the first day of the month in which payment is due. (h) Notwithstanding 11.10 (e), when an employee is on an educational leave under Article 11.03 above, she will continue to accumulate seniority for up to one (1) academic year. The employee will have the option of remaining in the benefits plans provided she pays the total cost of such benefit premiums subject to clause (a) above. Seniority for part-time will be based on average hours over the last twenty-six (26) weeks prior to Leave of Absence. (i) In cases of absences for pregnancy and parental leave under the Employment Standards Act, seniority and service shall accrue for the duration of the leave and the Employer will maintain its share of the insured benefit premiums provided the employee issues a cheque to the Employer covering her portion of the premiums each month in advance. The Union and the Employer agree to abide by the Human Rights Code.

  • Effect of Consent (a) After an amendment, supplement or waiver becomes effective, it will bind every Holder unless it is of the type requiring the consent of each Holder affected. If the amendment, supplement or waiver is of the type requiring the consent of each Holder affected, the amendment, supplement or waiver will bind each Holder that has consented to it and every subsequent Holder of a Note that evidences the same debt as the Note of the consenting Holder. (b) If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder to deliver it to the Trustee so that the Trustee may place an appropriate notation of the changed terms on the Note and return it to the Holder, or exchange it for a new Note that reflects the changed terms. The Trustee may also place an appropriate notation on any Note thereafter authenticated. However, the effectiveness of the amendment, supplement or waiver is not affected by any failure to annotate or exchange Notes in this fashion.

  • Revocation and Effect of Consent Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the Note of the consenting Holder, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to its Note or portion of its Note. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding Notes. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons who were Holders at such record date (or their duly designated proxies) and only those persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

  • Effect of Waiver or Consent A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.

  • Effect of Notice Any notice given by the indemnifying Party to an Indemnified Party referred to in Sections 12.1(c) or 12.2(d) above of participation in or control of any action by the indemnifying Party will in no event be deemed to be an admission by the indemnifying Party of liability, culpability or responsibility, and the indemnifying Party will remain free to contest liability with respect to the claim among the Parties or otherwise.

  • Effect of Suspension You must pay all applicable fees incurred before and during any suspension. You will not be entitled to any service credits under an applicable Service Level Agreement or Service Level Objective during any suspension.

  • Revocation and Effect of Consents Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder.

  • Revocation and Effect of Consents, Waivers and Actions Until an amendment, waiver or other action by Holders becomes effective, a consent thereto by a Holder of a Security hereunder is a continuing consent by the Holder and every subsequent Holder of that Security or portion of the Security that evidences the same obligation as the consenting Holder's Security, even if notation of the consent, waiver or action is not made on the Security. However, any such Holder or subsequent Holder may revoke the consent, waiver or action as to such Holder's Security or portion of the Security if the Trustee receives the notice of revocation before the date the amendment, waiver or action becomes effective. After an amendment, waiver or action becomes effective, it shall bind every Securityholder.

  • Effect of Agreement Nothing herein contained shall be deemed to require to the Trust to take any action contrary to its Declaration of Trust or its By-Laws or any applicable law, regulation or order to which it is subject or by which it is bound, or to relieve or deprive the Trustees of the Trust of their responsibility for and control of the conduct of the business and affairs of the Trust.

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