Incoming Correspondence Clause Samples

Incoming Correspondence. All correspondence received shall be clearly stamped with the date of receipt.

Incoming Correspondence. The program manager may maintain a post office box in the State of Montana to receive correspondence from Montana residents. Correspondence sent to the Montana post office box that relates to the Securities or Accounts of the Program will be forwarded to PFPC. PFPC shall be responsible for incoming correspondence only upon PFPC’s actual receipt thereof. So as not to disadvantage Montana residents that send correspondence to the Montana address, Pacific Life hereby directs PFPC to process transactions based upon the date and time that the item was received at the Montana post office box as indicated in writing by the program manager. Pacific Life shall be responsible for any gains or losses arising from this ‘as of’ processing. Pacific Life agrees to indemnify, defend and hold harmless PFPC and its affiliates, including their respective officers, directors, trustees, agents and employees, from all taxes, charges, expenses, assessments, claims and liabilities (including, without limitation, reasonable attorneys’ fees and disbursements and liabilities under the Securities Laws, the Code, and any state and foreign securities, tax and blue sky laws) arising directly or indirectly from (i) the program manager’s failure to correctly indicate the date and time any such item was actually received and (ii) the loss or delay of correspondence forwarded from such Montana post office box to PFPC.” (ii) Section 15(u) is supplemented by adding the following to the end of the Section: “Pacific Life, the Fund and the Trustee acknowledge that PFPC may be required under applicable Securities Laws to assign certain of its rights and delegate its duties with respect to the foregoing services to PFPC Distributors, Inc., a brokerdealer affiliate of PFPC.” (jj) Section 16(e) is amended by replacing the phrase “In the event the Fund” with “In the event a party other than PFPC.” (kk) Section 18 is amended by adding a new subsection (c) and re-lettering the existing subsection (c) as (d). The new subsection (c) reads as follows: “if to the Trustee, at ▇.▇. ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇;” (ll) Section 20 is supplemented with the following: “Further, each of Pacific Life, the Fund and the Trustee understands and agrees that to the extent any services described herein are required to be performed by a registered broker-dealer, such services will be performed by a broker-dealer affiliate of PFPC.” (mm) Section 25(b) is amended by replacing the phrase “the ...