INSTRUCTIONS AND OTHER COMMUNICATIONS Sample Clauses

INSTRUCTIONS AND OTHER COMMUNICATIONS. 14.1 Instructions are to be given and other communications between the parties are to be made by such means as set out in the Service Level Definition. 14.2 Each of the Client and the Manager (as the case may be) shall provide the Custodian with a certificate providing the names, specimen signatures and, as applicable, authority levels of its Authorised Representatives substantially in the form of Annex 3 hereof (which may be amended from time to time). The Custodian shall be entitled to rely on any such certificate provided to the Custodian by each party until the Custodian has otherwise received an amended certificate from the relevant party or otherwise received a Notice from the relevant party of its revocation of the authority of an Authorised Representative whose name appears on the most recent certificate such party has provided to the Custodian. In the absence of receipt of any notification from the Client specifying any limitations on the authority of the Manager and its Authorised Representatives under this Schedule, the Custodian may rely on the Instructions and other communications from and with the Authorised Representatives of the Manager in relation to all matters relating to this Schedule as though such persons were Authorised Representatives. 14.3 Subject to such information security arrangements as may be agreed between the Custodian and the Client in writing, Instructions may be given by facsimile at the Client’s sole risk. The Custodian shall not be held liable for acting in accordance with facsimile Instructions which appear to the Custodian to have been made with the Client’s authority. 14.4 In an emergency at the Custodian's absolute discretion, Instructions may be given by telephone, but any such Instructions must be confirmed by the Client in writing by 17.00 hours on the following Business Day in respect of the Custodian. All oral Instructions shall be given at the Client’s sole risk and the Custodian shall not be held liable for the consequences arising as a result of it misunderstanding any telephone Instructions accepted and acted on, whether or not they are confirmed in writing. 14.5 Each party may monitor and/or record its telephone conversations with the other and/or their Authorised Representatives. All recordings are the property of the recording party and may be used in evidence in any Proceedings brought under Clause 40. 14.6 Where it has acted on Instructions, the Custodian shall have no responsibility for any Liability...
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INSTRUCTIONS AND OTHER COMMUNICATIONS. 10.1 You may give instructions (including orders) to enter into a Contract via the online dealing software provided to you by us or by phone. 10.2 Any communication which is not an instruction to enter into a Contract must be given by you, or on your behalf, orally, by telephone or in writing, by e-mail, post, fax, or in such other manner as we may specify from time to time, and, if sent to us by post or by fax, must be sent to our head office, and, if sent by e-mail, must be sent to an e-mail address currently designated by us for that particular purpose. Any such communication will only be deemed to have been received by us upon our actual receipt thereof. 10.3 If we receive an instruction to enter into a Contract other than in accordance with Term 10.1, we shall only accept and act upon such instruction at our absolute discretion and shall not be responsible for any loss, damage or cost which you suffer or incur arising out of any error, delay or omission in acting upon such instruction. 10.4 If at any time you are unable, for whatever reason, to communicate with us, we do not receive any communication sent by you or you do not receive any communication sent by us under this Agreement, we shall not be responsible for any loss, damage or cost caused to you by any act, delay or omission resulting therefrom, where such loss, damage or cost is a result of your inability to enter into a Contract which would create a position held by you. We shall not, except where your inability to instruct us or communicate with us results from our fraud, willful default or gross negligence, be responsible for any other loss, damage or cost caused to you by any act, error, omission or delay resulting therefrom including without limitation, where such loss, damage or cost is a result of your inability to enter into a Contract which would close out a position held by you. 10.5 You acknowledge and agree that any instruction or communication transmitted by you or on your behalf is made at your risk and you authorise us to rely and act on, and treat as fully authorised and binding upon you, any instruction which we believe in good faith to have been given by you. You acknowledge that we will rely on your account number and/or password to identify you and agree that you will not disclose these details to any person who is not duly authorised by you. 10.6 You understand and agree that any telephone conversation with us will or may be recorded for accuracy and you consent to such r...
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INSTRUCTIONS AND OTHER COMMUNICATIONS. 5.1 You (or Your Underlying Client, where applicable) authorise GS and its Affiliates to rely on any instructions given to GS by persons who GS reasonably believes to be acting with authority on your behalf. It is solely Your responsibility to ensure that any of Your employees and/or representatives that provide instructions to GS have the authority to do so. GS shall be under no obligation to monitor whether a particular employee or representative is duly authorised, and shall be under no obligation to either accept or refer to any lists of persons authorised to provide instructions on your behalf which You may purport to deliver to GS. GS shall be under no duty to make any investigation or inquiry as to any statement contained in any instruction from or document signed by any person who GS reasonably believes to be acting with authority on Your behalf, and may accept the same as conclusive evidence of the truth and accuracy of the statements therein contained. 5.2 Instructions given by You or on your behalf to GS shall be given in the form as GS and You shall from time to time agree. You agree that GS may designate the manner in which You must send different types of communications (including trading instructions and changes to Your contact information) to GS and the addresses to be used for that purpose. GS need not act upon any communications that are transmitted in a manner that is inconsistent with these designations. The language of communication between GS and You shall be English and You will continue to receive documents and other information from GS in English, except in such circumstances as may be notified to You by GS. 5.3 Instructions given by You or on Your behalf to GS shall be effective only on actual receipt by GS. GS shall be under no obligation to communicate its acknowledgement of receipt to You. 5.4 From time to time, GS may be required under Applicable Law to provide You with certain information in a “durable medium” and may wish to do so in a durable medium other than on paper. Where your consent to such arrangements is required by Applicable Law, you agree that GS may provide this information to You by means of a durable medium that is not paper including, without limitation, via a client portal accessible through a secure login (the details of which GS may notify to You from time to time), PDF document or email that is personally addressed to You. 5.5 GS may also provide certain information required under Applicable Law that is n...
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Related to INSTRUCTIONS AND OTHER COMMUNICATIONS

  • Notices and Other Communications Any and all notices, statements, demands or other communications hereunder may be given by a party to the other by mail, facsimile, telegraph, messenger or otherwise to the address specified in Annex II hereto, or so sent to such party at any other place specified in a notice of change of address hereafter received by the other. All notices, demands and requests hereunder may be made orally, to be confirmed promptly in writing, or by other communication as specified in the preceding sentence.

  • PAYMENTS, NOTICES AND OTHER COMMUNICATIONS Any payment, notice or other communication pursuant to this Agreement shall be sufficiently made or given on the date of mailing if sent to such party by certified first class mail, postage prepaid, addressed to it at its address below or as it shall designate by written notice given to the other party:

  • Notices and other communication Any notice to be given under this Consortium Agreement shall be in writing to the addresses and recipients as listed in the most current address list kept by the Coordinator. Formal notices: If it is required in this Consortium Agreement that a formal notice, consent or approval shall be given, such notice shall be signed by an authorised representative of a Party and shall either be served personally or sent by mail with recorded delivery or telefax with receipt acknowledgement. Other communication: Other communication between the Parties may also be effected by other means such as e-mail with acknowledgement of receipt, which fulfils the conditions of written form. Any change of persons or contact details shall be notified immediately by the respective Party to the Coordinator. The address list shall be accessible to all concerned.

  • Notices and Other Communications Facsimile Copies (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in subsection (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (i) if to the Borrower, the Administrative Agent, an L/C Issuer or the Swing Line Lender, to the address, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 10.02; and (ii) if to any other Lender, to the address, telecopier number, electronic mail address or telephone number specified in its Administrative Questionnaire (including, as appropriate, notices delivered solely to the Person designated by a Lender on its Administrative Questionnaire then in effect for the delivery of notices that may contain material non-public information relating to the Borrower). Notices and other communications sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices and other communications sent by telecopier shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next business day for the recipient). Notices and other communications delivered through electronic communications to the extent provided in Section 10.02(b) shall be effective as provided in such Section 10.02(b).

  • Reports and Other Communications to Fund Shareholders The Manager shall assist in developing all general shareholder communications, including regular shareholder reports.

  • Statements, Confirmations and Other Correspondence The Financial Institution will promptly deliver copies of statements, confirmations and correspondence about the Collateral Accounts and the cash or other financial assets credited to a Collateral Account to the Grantor and the Secured Party.

  • Agreements and Other Documents 29 3.23 Solvency.......................................................................................30 3.24

  • Record Keeping and Other Information FIIOC and FSC shall create and maintain all records required by all applicable laws, rules and regulations relating to the services to be performed herein, including but not limited to, all applicable records required by Section 31(a) of the 1940 Act and the rules thereunder, as the same may be amended from time to time. All records shall be the property of the Trust and shall be available for inspection and use by the Trust at all times. Where applicable, such records shall be maintained by FIIOC and FSC for the periods and in the places required by Rule 31a-2 under the 1940 Act, with respect to FIIOC, and by rules under the 1940 Act, with respect to FSC.

  • Litigation and Other Notices Furnish to the Administrative Agent (which will promptly thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of the Company obtains actual knowledge thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against any Loan Party or any Subsidiary as to which an adverse determination is reasonably probable and which, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (c) any other development specific to any Loan Party or any Subsidiary that is not a matter of general public knowledge and that has had, or would reasonably be expected to have, a Material Adverse Effect; (d) the development of any ERISA Event that, together with all other ERISA Events that have developed or occurred, would reasonably be expected to have a Material Adverse Effect; and (e) any change in the information provided in the Beneficial Ownership Certification delivered to such Lender that would result in a change to the list of beneficial owners identified in such certification.

  • Documents and Other Materials I will keep and maintain adequate and current records of all Proprietary Information and Company-Related Developments developed by me during my employment, which records will be available to and remain the sole property of the Company at all times. All files, letters, notes, memoranda, reports, records, data, sketches, drawings, notebooks, layouts, charts, quotations and proposals, specification sheets, program listings, blueprints, models, prototypes, or other written, photographic or other tangible material containing Proprietary Information, whether created by me or others, which come into my custody or possession, are the exclusive property of the Company to be used by me only in the performance of my duties for the Company. Any property situated on the Company’s premises and owned by the Company, including without limitation computers, disks and other storage media, filing cabinets or other work areas, is subject to inspection by the Company at any time with or without notice. In the event of the termination of my employment for any reason, I will deliver to the Company all files, letters, notes, memoranda, reports, records, data, sketches, drawings, notebooks, layouts, charts, quotations and proposals, specification sheets, program listings, blueprints, models, prototypes, or other written, photographic or other tangible material containing Proprietary Information, and other materials of any nature pertaining to the Proprietary Information of the Company and to my work, and will not take or keep in my possession any of the foregoing or any copies.

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