Common use of Electronic Records and Communications Clause in Contracts

Electronic Records and Communications. The Custodian may make any of its records available to the Fund or its Investment Adviser via electronic reporting which may include without limitation on-line software systems ("Electronic Reports"). The Fund understands that such Electronic Reports may include data provided to the Custodian by outside sources which may not have been independently verified by the Custodian and is subject to change. Accordingly, the Custodian shall not be liable for inaccuracies, errors or incomplete information furnished by such sources. The Custodian may also make available to the Fund or its Investment Adviser certain software to be used to initiate payment and securities transfer instructions, affirm brokerage transactions reported through the Institutional Delivery System or initiate other transaction instructions for the Custodian's processing ("Electronic Instructions"). The Fund agrees that it shall be responsible for protecting and maintaining the confidentiality and security of any codes assigned in respect of the Fund's or its Investment Adviser's access to such Electronic Reports or Electronic Instructions and that any instructions received through such system using the client code assigned to the Fund shall be deemed to have originated from or on behalf of the Fund and to be Proper Instructions. The Custodian shall not be responsible for information added to, changed or omitted by electronic programming malfunction, unauthorized access or other failure of such systems unless such actions are the direct result of the Custodian's negligence, bad faith or willful malfeasance.

Appears in 2 contracts

Samples: Custodian Agreement (Forward Funds Inc), Custodian Agreement (RCM Equity Funds Inc)

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Electronic Records and Communications. The Custodian may make any of its records available to the Fund or its Investment Adviser via electronic reporting which may include without limitation on-line software systems ("Electronic Reports"). The Fund understands that such Electronic Reports may include data provided to the Custodian by outside sources which may not have been independently verified by the Custodian and is subject to change. Accordingly, the Custodian shall not be liable for inaccuracies, errors or incomplete information furnished by such sources, provided the Custodian has exercised the standard of care as set forth herein. The Custodian may shall upon request, also make available to the Fund or its Investment Adviser certain software to be used to initiate payment and securities transfer instructions, affirm brokerage transactions reported through the Institutional Delivery System or initiate other transaction instructions for the Custodian's processing ("Electronic Instructions"). The Fund agrees that it shall be responsible for protecting and maintaining the confidentiality and security of any codes assigned in respect of the Fund's or its Investment Adviser's access to such Electronic Reports or Electronic Instructions and that, absent any actual knowledge that the confidentiality of the Electronic Instructions system has been compromised, any instructions received through such system using the client code assigned to the Fund shall be deemed to have originated from or on behalf of the Fund and to be Proper Instructions. The Custodian shall not be responsible for information added to, changed or omitted by electronic programming malfunction, unauthorized access or other failure of such systems unless such actions are the direct result of the Custodian's negligence, bad faith or willful malfeasance.

Appears in 1 contract

Samples: Custodian Agreement (RCM Equity Funds Inc)

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Electronic Records and Communications. The Custodian may make any of its records available to the Fund or its Investment Adviser via electronic reporting which may include without limitation on-line software systems ("Electronic Reports"). The Fund understands that such Electronic Reports may include data provided to the Custodian by outside sources which may not have been independently verified by the Custodian and is subject to change. Accordingly, the Custodian shall not be liable for inaccuracies, errors or incomplete information furnished by such sources. The Custodian may also make available to the Fund or its Investment Adviser certain software to be used to initiate payment and securities transfer instructions, affirm brokerage transactions reported through the Institutional Delivery System or initiate other transaction instructions for the Custodian's processing ("Electronic Instructions"). The Fund agrees that it shall be responsible for protecting and maintaining the confidentiality and security of any codes assigned in respect of the Fund's or its Investment Adviser's access to such Electronic Reports or Electronic Instructions and that any instructions received through such system using the client code assigned to the Fund shall be deemed to have originated from or on behalf of the Fund and to be Proper Instructions. The Custodian shall not be responsible for information added to, changed or omitted by electronic programming malfunction, unauthorized access or other failure of such systems unless such actions are the direct result of the Custodian's negligence, bad faith or willful malfeasance. In the event of any such malfunction, unauthorized access or other failure, the Custodian shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions.

Appears in 1 contract

Samples: Custodian Agreement (Us Global Investors Funds)

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