Instructions and Communications. (a) Instructions from the Manager (other than instructions to amend the Sub-advisory Agreement, to which Section 18 below applies) will be acknowledged by the Sub-adviser acting upon them unless the Manager is promptly advised that the Sub-adviser believes such action may not be practicable or might involve any party in a breach of any law, rule or regulation.
(b) The Sub-adviser may rely and act on any instruction or communication which purports to have been given (and which is reasonably accepted as having been given) by or on behalf of any person notified by the Manager from time to time as being authorized to instruct the Sub-adviser in respect of each Fund and, subject to Annex B, by whatever means transmitted and, unless the Sub-adviser shall have received written notice to the contrary, whether or not the authority of any such person shall have been terminated.
(c) Subject to (b) above, any instruction or communication to be given to the Sub-adviser by the Manager under the Sub-advisory Agreement must comply with Annex B and, where applicable, shall be sent to the Sub-adviser’s contact person and address stated therein (or otherwise as may be notified in writing to the Manager by the Sub-adviser) and will take effect upon its actual receipt.
(d) In order to assist the Sub-adviser in monitoring compliance with the relevant rules of conduct and to avoid misunderstandings, it is the Sub-adviser’s policy to tape record telephone calls to and from clients and counterparties. The Sub-adviser’s recordings shall be and remain the Sub-adviser’s sole property.
(e) In the interests of the proper management and administration of each Fund and in order to bring new products or services of the Sub-adviser or affiliates to the attention of the Manager, the Sub-adviser, its representatives or employees, may wish to call upon or communicate with the Manager by telephone, email or personal visit or otherwise communicate with the Manager without express invitation. The Manager consents to such communications.
(f) The Manager confirms that it has regular access to the internet and consents to the Sub-adviser providing it with information, including, without limitation information about the services under the Sub-advisory Agreement, information about amendments to the Sub-adviser’s policies, including its best execution and conflicts of interest policies and procedures, and information about the nature of risks of investments by posting such information on the Sub-advis...
Instructions and Communications a) For some Services, Customer may authorize Bank to honor Customer’s request to give Bank oral or written instructions regarding the Service. Bank may in good faith rely on such oral or written instructions or call-back verifications that purport to come from an Authorized Signer or User without independent verification by Bank.
b) Customer may elect to send or receive instructions or reports from Bank related to Services via Electronic Transmission. Customer acknowledges that such Electronic Transmissions are an inherently insecure communication method due to the possibility of error, delay and observation or receipt by unauthorized personnel. Bank may rely in good faith on Customer’s instructions regarding how and to what number or email address Electronic Transmissions should be sent and may rely on any Electronic Transmission that it reasonably believes to have been initiated by Customer. Should Customer elect to send or receive Electronic Transmissions to or from Bank, Customer assumes all risks, and Bank shall not be liable for any loss, that results from the nonreceipt, disclosure or alteration of any such Electronic Transmission.
c) Customer may have Accounts that require multiple signers to execute transactions. Customer agrees that Bank is authorized to complete each transaction initiated electronically by one User using the Security Protocol, including but not limited to, transfer of funds, credit payments and issuances of Checks or electronic payments.
d) Bank may provide Customer the option of entering into this Agreement or any Implementation Documents with a digital signature. Customer hereby agrees that Customer’s use of such digital signature shall bind Customer to the terms and conditions of the applicable agreement, addendum or form.
e) In addition, in order for Bank to service the Account, mitigate fraud or to collect any amounts owed to Bank, Bank or its Service Provider may from time to time make calls and/or send text messages to Customer at any telephone number(s) associated with the Account, including wireless telephone numbers that could result in charges to Customer. The manner in which these calls or text messages are made may include, but is not limited to, the use of prerecorded/artificial voice messages and/or an automatic telephone dialing system.
Instructions and Communications. 5.1 MSPEA and the Sponsor shall deliver to the Escrow Agent a list of authorised signatories, as set forth in the Schedule I attached to this Agreement, with respect to any notice, certificate, instrument, demand, request, direction, instruction, waiver, receipt, consent or other document or communication required or permitted to be furnished to the Escrow Agent under this Agreement, and the Escrow Agent shall be entitled to rely on such list with respect to any Party until a new list is furnished by such Party to and acknowledged by the Escrow Agent. Furthermore, in the event fund transfer instructions are given, whether in writing, by facsimile or otherwise, the Escrow Agent is authorised to seek confirmation of such instructions by telephone call-back to the person or persons designated on Schedule II attached to this Agreement, and the Escrow Agent may rely upon the confirmations of anyone purporting to be the person or persons so designated, provided however that confirmation must be received from a person or persons designated by each of MSPEA and the Sponsor. The persons and telephone numbers designated for such call-backs may be changed only by prior notice in writing actually received and acknowledged by the Escrow Agent.
5.2 When the Escrow Agent acts on any information, instructions, communications, (including, but not limited to, communications with respect to the wire transfer of funds) sent by facsimile, email or other form of electronic or data transmission from any other Party or Parties, the Escrow Agent, in the absence of gross negligence, shall not be responsible or liable in the event such communication is not an authorised or authentic communication of such other Party or Parties or is not in the form such other Party or Parties sent or intended to send (whether due to fraud, distortion or otherwise). MSPEA and the Sponsor shall jointly and severally indemnify the Escrow Agent against any loss, liability, claim or expense (including legal fees and expenses) it may incur as a result of its acting in accordance with any such communication.
5.3 Notwithstanding anything otherwise in this Agreement, MSPEA acknowledges and agrees that the Release Notice (or any instruction to release any of the Escrow Amount) has to be received in original by the Escrow Agent before the Escrow Agent is obliged to act on any Release Notice or such instruction. HSBC Information Category: RESTRICTED
Instructions and Communications. 1.1 The definition of Instructions in the Master Services Agreement shall be supplemented to include any communication and/or instruction received by the Bank in relation to any service or product provided by the Bank to the Customer, received from or purportedly sent by person(s) authorised by the Customer to act on its behalf in connection with such service or product.
1.2 Notwithstanding Clause 3.5 of the Master Services Agreement, the Bank may accept manually initiated Instructions by fax, email or telephone. The Customer acknowledges that there are risks associated with manually initiated Instructions, and the Bank may carry out such verification procedures in accordance with its policies when accepting manually initiated Instructions. The Customer agrees to hold the Bank harmless and indemnify the Bank from and against any Loss that the Bank may incur in acting upon any manually initiated Instruction.
1.3 The Customer shall not submit written confirmation for any Communication or manually initiated Instruction, unless the Bank requests the Customer to do so. The word “CONFIRMATION” must be clearly marked on all confirmations provided by the Customer to the Bank. In the event that any confirmation sent to the Bank is not so marked, any separate transaction effected by the Bank based on such confirmation shall be binding on the Customer. 2 Disclosure Consent
Instructions and Communications. 18.1 In the absence of negligence, wilful default or fraud by AIG Investments Europe, AIG Investments Europe is authorized to rely on, may act on and treat as fully authorized by IPCRe and IPCRe shall be bound by any Instruction.
18.2 Any Instructions received from IPCRe will be acknowledged by AIG Investments Europe by acting upon them, except where in AIG Investments Europe’s view any action required by an Instruction may not be practicable or might involve any party in a breach of any law, rule or regulation.
18.3 IPCRe consents to AIG Investments Europe and its Affiliated Companies recording telephone conversations with IPCRe. IPCRe is advised that AIG Investments Europe may record conversations without the use of a warning tone.
Instructions and Communications. 28.1. WageLoch shall receive instructions from the person signing this Agreement only. If the Customer authorises any other employee or agent to give WageLoch instructions in lieu of or in addition to the person signing this Agreement, the Customer must inform WageLoch of that person’s details in writing.
28.2. WageLoch shall not be liable in any way for any losses incurred by the Customer in accepting instructions from the persons contemplated by this clause 28.
28.3. WageLoch may elect to communicate by electronic mail or such other form as is convenient and does not warrant that any such communication will be free from defect, virus or shall be otherwise secure. The Customer hereby acknowledges and agrees to accept such communications and releases WageLoch from all liability in respect of any losses that may be incurred by the Customer by virtue of such communications.
Instructions and Communications. 7.1 Xyratex and the Representatives shall deliver to the Escrow Agent a list of authorised signatories, as set forth in Schedule 2, with respect to any notice, certificate, instrument, demand, request, direction, instruction, waiver, receipt, consent or other document or communication required or permitted to be furnished to the Escrow Agent hereunder. The Escrow Agent shall be entitled to rely on such list with respect to any party until otherwise notified in writing by such party. The Escrow Agent shall be fully protected in acting on or relying upon any written notice, direction, request, waiver, consent, receipt or other document which the Escrow Agent in good faith believes to have been signed and presented by the proper party or parties.
7.2 The Escrow Agent shall be under no duty to challenge or make any enquiries concerning valid or apparently valid communications.
7.3 Where it has acted in good faith on instructions given in accordance with this Clause, the Escrow Agent shall have no responsibility for any loss, howsoever arising, of Xyratex and the Representatives and will be entitled to rely on the indemnity contained in Clause 6.5 in respect of any loss, expense or costs it may incur in acting on such instructions.
Instructions and Communications. The Advisor may only act on information given in accordance with the procedures set below: Instructions to amend or vary the terms or guidelines of this agreement must be given in writing signed jointly by two authorised signatories of the Client. Where circumstances require immediate action email or faxed instructions may be accepted, provided these are confirmed in writing signed by authorised signatories, within 24 hours.
Instructions and Communications. You are responsible for providing us with your current address, phone number, fax number and email address and inform us of any changes immediately. We will communicate with you by regular postal mail, telephone, fax, or Electronic Communication to the last known address, phone number, fax number or email address as provided by you. We are entitled to rely and act on any communication provided for in this Agreement, without any further investigation, as valid authority to act on behalf of you. We will not be responsible for the security, privacy and confidentiality of any communication, including Electronic Communications, used by you, and you agree to assume all responsibility for using any communication method, including Electronic Communications, including interception, unauthorized access, loss or alteration of such communication or Electronic Communication. You authorize us to accept, and you agree to be responsible for, any verbal or electronic instructions given by you through an Electronic Banking Service or a Digital Banking Service to the same extent as if you had given signed, written instructions to us. We may record all telephone calls that relate to the use of or include instructions for using Electronic Banking Services or Digital Banking Services. You agree to use Digital Banking Services to review the Accounts and transactions at least once monthly. You are deemed to receive an electronic statement each time that you do so. Notifications and other documents in digital or electronic form we provide to you is deemed to be received by you when they are posted and available to you through Digital Banking Services, or when they are sent by SMS text message or by email.
Instructions and Communications. 10.1 Unless otherwise provided in these Terms, any instructions to be given by you to us for the purposes of these Terms shall be given by letter delivered by hand or sent by prepaid ordinary post duly signed by you.
10.2 Where we receive instructions by telephone, we shall not be obliged to act except upon receipt of confirmation of such instructions in writing, subject to the terms below. Instructions provided to us over the telephone may be recorded for the purposes of processing your instructions, attending to your enquiries, quality coaching, and record-keeping purposes. For more information, please refer to our Data Protection Policy accessible at xxx.xxxxxxx0x.xxx.xx.
10.3 We shall be entitled in our absolute discretion to refuse to comply with any instructions which in our opinion are unclear or ambiguous or which may cause us to contravene any laws or regulation for the time being in force and we shall not incur any liability to you as a result of such refusal act.
10.4 To the extent that copies of notices, reports or other documents arising from the Interests are received by us (directly or through an Agent), we may, where we determine in our discretion that you should be notified of the same, as soon as reasonably practicable transmit to you the notice, report or other document. However, we are under no duty or responsibility to send any such notices, reports or other documents to you or to notify you of the receipt of such notices, reports or other documents if we determine, in our sole discretion, that it is not necessary or is commercially impracticable.
10.5 Any communications or notices required to be given by us or by the Agent on our behalf to you may be given in writing and sent by mail to you at your last known address in our records. Any such communication or notice shall be deemed to have been received by you, if sent by letter two days after posting or if sent by hand, when despatched. Without prejudice to the foregoing, where we are required to give notice under this Agreement, we shall be entitled to do so by publication/notification over our internet website, at any of our branches or through such channels as we may determine.
10.6 We shall be entitled in our discretion to refuse to act on the Form, the RSP Application Form or the RSP Termination or Amendment Form if any such form is incomplete or if your signature differs from that given in your specimen signature card to us or if the Purchase Order, RSP Purchase Order, Switching...
