Common use of INSTRUCTIONS CONSISTENT WITH DECLARATION OF TRUST, ETC Clause in Contracts

INSTRUCTIONS CONSISTENT WITH DECLARATION OF TRUST, ETC. (a) Unless otherwise provided in this Agreement, RSMC shall act only upon Oral or Written Instructions. Although RSMC may know of the provisions of the Declaration of Trust and By-Laws of the Fund, RSMC may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with any provisions of such Declaration of Trust or By-Laws or any vote, resolution or proceeding of the shareholders, or of the Trustees, or of any committee thereof. (b) RSMC shall be entitled to rely upon any Oral Instructions and any Written Instructions actually received by RSMC pursuant to this Agreement. The Fund agrees to forward to RSMC Written Instructions confirming Oral Instructions in such manner that the Written Instructions are received by RSMC by the close of business of the same day that such Oral Instructions are given to RSMC. The Fund agrees that the fact that such confirming Written Instructions are not received by RSMC shall in no way affect the validity of the transactions or enforceability of the transactions authorized by such Oral Instructions. The Fund agrees that RSMC shall incur no liability to the Fund in acting upon Oral Instructions given to RSMC hereunder concerning such transactions, provided such instructions reasonably appear to have been received from an Authorized Person.

Appears in 3 contracts

Samples: Transfer Agency Agreement (Rodney Square Strategic Fixed Income Fund), Transfer Agency Agreement (Rodney Square Tax Exempt Fund), Transfer Agency Agreement (Rodney Square Fund)

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INSTRUCTIONS CONSISTENT WITH DECLARATION OF TRUST, ETC. (a) Unless otherwise provided in this Agreement, RSMC PFPC shall act only upon Oral or Written Instructions. Although RSMC PFPC may know of the provisions of the Declaration of Trust and By-Laws of the Fund, RSMC PFPC may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with any provisions of such Declaration of Trust or By-Laws Laws, or any vote, resolution or proceeding of the shareholdersShareholders, or of the Board of Trustees, or of any committee thereof. (b) RSMC PFPC shall be entitled to rely upon any Oral Instructions and any Written Instructions actually received by RSMC PFPC from the Fund and any Affiliate, provided such Affiliate has not acted negligently (unless such an Affiliate has received and transmitted erroneous instructions received from an Authorized Person who is not an Affiliate) pursuant to this Agreement. The Fund agrees to forward to RSMC PFPC Written Instructions confirming Oral Instructions in such manner that the Written Instructions are received by RSMC PFPC, whether by hand delivery, telex, facsimile sending device or otherwise, by the close of business of the same day that such Oral Instructions are given to RSMCPFPC. The Fund agrees that the fact that such confirming Written Instructions are not received by RSMC PFPC shall in no way affect the validity of the transactions or enforceability of the transactions authorized by such the Fund by giving Oral Instructions. The Fund agrees that RSMC PFPC shall incur no liability to the Fund in acting upon Oral Instructions given to RSMC PFPC by the Fund hereunder concerning such transactions, provided such instructions reasonably appear to have been received from an Authorized Person.

Appears in 1 contract

Samples: Administration and Accounting Services Agreement (Dfa Investment Trust Co)

INSTRUCTIONS CONSISTENT WITH DECLARATION OF TRUST, ETC. (a) a. Unless otherwise provided in this Agreement, RSMC Roxxxx Xquare shall act only upon Oral or Written Instructions. Although RSMC may know of the provisions of the Declaration of Trust and By-Laws of the FundRoxxxx Xquare, RSMC in its capacity under this Agreement, may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with any provisions of such this Agreement, the Fund's Declaration of Trust or By-Laws Laws, or any vote, resolution or proceeding of the Fund's shareholders, or of the Fund's Board of Trustees, or of any committee thereof. (b) RSMC b. Rodney Square shall be entitled to rely upon any Oral Instructions and any Written Instructions actually received by RSMC Roxxxx Xquare pursuant to this Agreement. The Fund agrees to forward to RSMC Roxxxx Xquare Written Instructions confirming Oral Instructions in such manner that the Written Instructions are received by RSMC Roxxxx Xquare by the close of business of the same day that such Oral Instructions are given to RSMCRoxxxx Xquare. The Fund agrees that the fact that such confirming Written Instructions are not received by RSMC Roxxxx Xquare shall in no way affect the validity of the transactions or enforceability of the transactions authorized by such Oral Instructions. The Fund agrees that RSMC Roxxxx Xquare shall incur no liability to the Fund in acting upon Oral Instructions given to RSMC hereunder concerning such transactionsInstructions, provided such instructions reasonably appear to have been received from an Authorized Person.

Appears in 1 contract

Samples: Transfer Agency Agreement (Kiewit Mutual Fund)

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INSTRUCTIONS CONSISTENT WITH DECLARATION OF TRUST, ETC. (a) a. Unless otherwise provided in this Agreement, RSMC MBIA shall act only upon Oral or Written Instructions. Although RSMC MBIA may know of the provisions of the Declaration of Trust and By-Laws Bylaws of the FundTrust, RSMC MBIA may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with any provisions provision of such Declaration of Trust or By-Laws Bylaws or any vote, resolution or proceeding of the shareholders, or of the Trustees, or of any committee thereof. (b) RSMC b. MBIA shall be entitled to rely upon any Oral Instructions and any Written Instructions actually received by RSMC MBIA pursuant to this Agreement. The Fund Trust agrees to forward to RSMC MBIA Written Instructions confirming Oral Instructions in such manner that the Written Instructions are received by RSMC MBIA by the close of business of the same day that such Oral Instructions are given to RSMCMBIA. The Fund Trust agrees that the fact that such confirming Written Instructions are not received by RSMC MBIA shall in no way affect the validity of the transactions or enforceability of the transactions authorized by such Oral Instructions. The Fund Trust agrees that RSMC MBIA shall incur no liability to the Fund Trust in acting upon Oral Instructions given to RSMC MBIA hereunder concerning such transactions, provided such instructions reasonably appear to have been received from an Authorized Person.

Appears in 1 contract

Samples: Transfer Agency Agreement (1838 Investment Advisors Funds)

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