Common use of Financial Institution Acts as Agent for its Customers Clause in Contracts

Financial Institution Acts as Agent for its Customers. The parties agree that in each transaction in the Shares of any Fund and with regard to any services rendered pursuant to this Agreement: (a) Financial Institution is acting as agent for the customer; (b) each transaction is initiated solely upon the order of the customer; (c) as between Financial Institution and its customer, the customer will have full beneficial ownership of all Shares of the Funds; (d) each transaction shall be for the account of the customer and not for Financial Institution's account; and (e) each transaction shall be without recourse to Financial Institution provided that Financial Institution acts in accordance with the terms of this Agreement. Financial Institution shall not have any authority in any transaction to act as ESI's agent or as agent for the Funds.

Appears in 4 contracts

Samples: Sales Agreement (Marshall Funds Inc), Sales Agreement (Marshall Funds Inc), Sales Agreement (Marshall Funds Inc)

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Financial Institution Acts as Agent for its Customers. The parties agree that in each transaction in the Shares of any Fund and with regard to any services rendered pursuant to this Agreementthe Trust: (a) the Financial Institution is acting as agent for the customer; (b) each transaction is initiated solely upon the order of the customer; (c) as between the Financial Institution and its customer, the customer will have full beneficial ownership of all Shares of the FundsTrust to which this Agreement applies; (d) each transaction shall be for the account of the customer and not for the Financial Institution's account; and (e) each transaction shall be without recourse to the Financial Institution provided that the Financial Institution acts in accordance with the terms of this Agreement. The Financial Institution shall not have any authority in any transaction to act as ESI's agent or as agent for the FundsTrust.

Appears in 4 contracts

Samples: Sales Agreement (WCT Funds), Sales Agreement (Wesmark Funds), Sales Agreement (WCT Funds)

Financial Institution Acts as Agent for its Customers. The parties agree that in each transaction in the Shares of any Fund and with regard to any services rendered pursuant to this Agreement: (a) Financial Institution is acting as agent for the customer; (b) each transaction is initiated solely upon the order of the customer; (c) as between Financial Institution and its customer, the customer will have full beneficial ownership of all Shares of the Funds; (d) each transaction shall be for the account of the customer and not for Financial Institution's account; and (e) each transaction shall be without recourse to Financial Institution provided that Financial Institution acts in accordance with the terms of this Agreement. Financial Institution shall not have any authority in any transaction to act as ESIFSC's agent or as agent for the Funds.

Appears in 3 contracts

Samples: Sales and Service Agreement (Wachovia Variable Insurance Funds), Mutual Funds Sales and Service Agreement (Wachovia Variable Insurance Funds), Sales Contracts (Regions Morgan Keegan Select Funds)

Financial Institution Acts as Agent for its Customers. The parties agree that in each transaction in the Shares of any Fund and with regard to any services rendered pursuant to this Agreement: (a) Financial Institution is acting as agent for the customer; (b) each transaction is initiated solely upon the order of the customer; (c) as between Financial Institution and its customer, the customer will have full beneficial ownership of all Shares of the Funds; (d) each transaction shall be for the account of the customer and not for Financial Institution's account; and (e) each transaction shall be without recourse to Financial Institution provided that Financial Institution acts in accordance with the terms of this Agreement. Financial Institution shall not have any authority in any transaction to act as ESIFSC's agent or as agent for the Funds. B. SALES OF FUND SHARES.

Appears in 3 contracts

Samples: Mutual Funds Sales and Service Agreement (Hibernia Funds), Mutual Funds Sales and Service Agreement (Tower Mutual Funds), Mutual Funds Sales and Service Agreement (Hibernia Funds)

Financial Institution Acts as Agent for its Customers. The parties agree that in each transaction in the Shares of any Fund and with regard to any services rendered pursuant to this Agreement: (a) Financial Institution is acting as agent for the customer; (b) each transaction is initiated solely upon the order of the customer; (c) as between Financial Institution and its customer, the customer will have full beneficial ownership of all Shares of the Funds; (d) each transaction shall be for the account of the customer and not for Financial Institution's account; and (e) each transaction shall be without recourse to Financial Institution provided that Financial Institution acts in accordance with the terms of this Agreement. Financial Institution shall not have any authority in any transaction to act as ESIEdgewood's agent or as agent for the Funds.

Appears in 2 contracts

Samples: Sales Contracts (Deutsche Family of Funds Inc), Mutual Fund Sales and Service Agreement (Riverfront Funds / Nj)

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Financial Institution Acts as Agent for its Customers. The parties agree that in each transaction in the Shares shares of beneficial interest or capital stock of any Fund ("Shares") and with regard to any services rendered pursuant to this Agreement: (a) Financial Institution is acting as agent for the customer; (b) each transaction is initiated solely upon the order of the customer; (c) as between Financial Institution and its customer, the customer will have full beneficial ownership of all Shares of the FundsShares; (d) each transaction shall be for the account of the customer and not for Financial Institution's account; and (e) each transaction shall be without recourse to Financial Institution provided that Financial Institution acts in accordance with the terms of this Agreement. Financial Institution shall not have any authority in any transaction to act as ESIDistributor's agent or as agent for the Fundsany Fund.

Appears in 2 contracts

Samples: Sales and Service Agreement (Stratevest Funds), Sales Contracts (Banknorth Funds)

Financial Institution Acts as Agent for its Customers. The parties agree that in each transaction in the Shares of any Fund and with regard to any services rendered pursuant to this Agreement: (a) Financial Institution is acting as agent for the customer; (b) each transaction is initiated solely upon the order of the customer; (c) as between Financial Institution and its customer, the customer will have full beneficial ownership of all Shares of the Funds; (d) each transaction shall be for the account of the customer and not for Financial Institution's account; and (e) each transaction shall be without recourse to Financial Institution provided that Financial Institution acts in accordance with the terms of this Agreement. Financial Institution shall not have any authority in any transaction to act as ESIFreedom's agent or as agent for the Funds.

Appears in 2 contracts

Samples: Sales Contracts (Fundmanager Portfolios), Sales Contracts (Fundmanager Portfolios)

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