Common use of Instructions from Principal Clause in Contracts

Instructions from Principal. 15.1 Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodian's failure to produce such confirmation at any subsequent time. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment Manager. 15.4 Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 6 contracts

Samples: Custodian Agreement (Advisors' Inner Circle Fund), Custodian Agreement (Advisors Inner Circle Fund), Custodian Agreement (Advisors Inner Circle Fund)

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Instructions from Principal. 15.1 14.1 Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 14.2 Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodian's failure to produce such confirmation at any subsequent time. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 14.3 All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 15 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment Manager. 15.4 14.4 Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 5 contracts

Samples: Custodian Agreement (Advisors Inner Circle Fund II), Custodian Agreement (Advisors Inner Circle Fund II), Custodian Agreement (Coventry Group)

Instructions from Principal. 15.1 14.1 Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 14.2 Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodian's ’s failure to produce such confirmation at any subsequent time. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 14.3 All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 15 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment Manager. 15.4 14.4 Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 4 contracts

Samples: Custodian Agreement (Greenwich Advisors Trust), Custodian Agreement (Northern Lights Fund Trust), Custodian Agreement (First Focus Funds Inc)

Instructions from Principal. 15.1 14.1 Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 14.2 Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodian's ’s failure to produce such confirmation at any subsequent time. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 14.3 All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 15 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment Manager. 15.4 14.4 Custodian may at any time request reasonable instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 3 contracts

Samples: Custodian Agreement (Financial Investors Trust), Custodian Agreement (DCA Total Return Fund), Custodian Agreement (Financial Investors Trust)

Instructions from Principal. 15.1 16.1 Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment ManagerManager (“Authorized Persons”). Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 Principal or authorized Investment Manager, as the case may be, 16.2 Authorized Persons may give instructioninstructions, noticenotices, or other communication communications called for by this Agreement to Custodian in writing, or by telecopy, telex, telegramfacsimile, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager Authorized Persons may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager the Authorized Persons shall promptly confirm any oral communications in writing or by telecopy facsimile or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager Authorized Persons to send confirmation in writing, writing or the failure of such confirmation to conform to the telephone instructions received or Custodian's failure to produce such confirmation at any subsequent timepreviously received. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 16.3 All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 15 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment ManagerAuthorized Persons. 15.4 16.4 Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 3 contracts

Samples: Custodian Agreement (Forum Funds), Custodian Agreement (Chou America Mutual Funds), Custodian Agreement (Forum Funds)

Instructions from Principal. 15.1 16.1 Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment ManagerManager ("Authorized Persons"). Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 Principal or authorized Investment Manager, as the case may be, 16.2 Authorized Persons may give instructioninstructions, noticenotices, or other communication communications called for by this Agreement to Custodian in writing, or by telecopy, telex, telegramfacsimile, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager Authorized Persons may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager the Authorized Persons shall promptly confirm any oral communications in writing or by telecopy facsimile or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager Authorized Persons to send confirmation in writing, writing or the failure of such confirmation to conform to the telephone instructions received or Custodian's failure to produce such confirmation at any subsequent timepreviously received. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 16.3 All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment ManagerAuthorized Persons. 15.4 16.4 Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 2 contracts

Samples: Custodian Agreement (Wright Managed Income Trust), Custodian Agreement (Wright Managed Equity Trust)

Instructions from Principal. 15.1 (a) Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 (b) Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodianthe Custodians's failure to produce such confirmation at any subsequent time. The Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 (c) All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 14 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an any Investment Manager. 15.4 (d) Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Coventry Group)

Instructions from Principal. 15.1 (a) Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 (b) Principal or authorized any Investment Manager, as the case may be, Manager may give any instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly providedHowever, all Instructions Principal or the Investment Manager shall continue confirm promptly any oral communication in full force and effect until canceled or supersededwriting. Custodian shall not be responsible for any unauthorized use of any form of electronic communication purporting to come from Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodian's failure to produce such confirmation at any subsequent time. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody AccountManager. 15.3 (c) All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 14 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care in good faith believes has been given by Principal or an Investment Manager. 15.4 (d) Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Pillar Funds)

Instructions from Principal. 15.1 (a) Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment ManagerManager pursuant to this Agreement ("Instructions"). Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 (b) Any two (2) persons authorized by the Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication Instructions called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Any two (2) persons authorized by the Principal or Investment Manager may give given and Custodian may accept oral instructions Instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications Instructions in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, writing or the failure of such confirmation to conform to the telephone instructions received or Custodian's failure to produce such confirmation at any subsequent timeInstructions received. The Custodian may electronically record any instruction Instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 (c) All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 14 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction Instruction that Custodian using ordinary care in good faith believes has been given by Principal or an Investment Manager. 15.4 (d) Custodian may at any time request instructions Instructions from Principal and may await such instructions Instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructionsInstructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Pacific Capital Funds)

Instructions from Principal. 15.1 (a) Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, instructions notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 (b) Custodian shall be authorized to accept and rely upon all instructions, notices or other communications called for by this Agreement by Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, writing or by telecopy, telex, telegram, SWIFT, or other form of or electronic communication or instruction system acceptable to Custodian including Custodian's electronic instruction system ("authorized communication facility"). Unless otherwise expressly providedCustodian may also rely on any instructions bearing or purporting to bear the original or facsimile signature of any of the individuals authorized to give instructions, all Instructions shall continue notices or other communications on behalf of Principal regardless of, or by whom, or by what means the actual or purported signature or signatures thereon may have been affixed thereof if facsimile signature or signatures resemble the specimens from time to time furnished to Custodian pursuant to Paragraph 13(a) hereof. In addition, Custodian may rely on instructions received by authorized communication facility, which Custodian believes in full force and effect until canceled good faith to have been given by Principal or supersededInvestment Manager, or which are transmitted with proper testing or authentication. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunderauthorized communication facility. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodian's failure to produce such confirmation at any subsequent time. Custodian may electronically record record, but shall not be obligated to so record, any instruction instructions given by telephone, telephone and any other telephone discussions with respect to the Custody Account. Unless otherwise expressly provided, all instructions shall continue in full force and effect until canceled or superseded. Custodian shall incur no liability to Principal or otherwise as a result of any act or omission by Custodian in accordance with instructions on which Custodian is authorized to rely pursuant to the provisions of this Paragraph. Principal agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions which Principal or Investment Manager may give by authorized communication facility shall be processed in accordance with terms and conditions for the use of such arrangements, methods or devices as Custodian may put into effect and modify from time to time. Principal and Investment Manager shall safeguard any test keys, identification codes or other security devices which Custodian makes available to Principal and agrees that Principal shall be responsible for any loss, liability or damage incurred by Custodian or by Principal as a result of Custodian's acting in accordance with instructions from any unauthorized person using the proper security device, provided that such person did not obtain such security device solely as a result of Custodian's gross negligence or willful misconduct. If Principal or Investment Manager uses Custodian's electronic communications or information system, Custodian agrees that Principal is not responsible for the consequences of the failure of that system to perform for any reason or for the failure to perform for any reason of any communications carrier, utility, communications network or the failure to perform for any reason of communications or computer equipment, once the trade(s) has been property entered and released to the system. If that system is inoperable, Principal or Custodian agrees to notify the other immediately, and Custodian agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Custodian's facsimile receiving equipment or by letter, at no additional charge to Principal. 15.3 (c) All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 15 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment Manager. 15.4 (d) Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (MVC Capital, Inc.)

Instructions from Principal. 15.1 (a) Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 (b) Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodian's failure to produce such confirmation at any subsequent time. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 (c) All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 15 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment Manager. 15.4 (d) Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Willamette Funds)

Instructions from Principal. 15.1 Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodian's failure to produce such confirmation at any subsequent time. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 16 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment Manager. 15.4 Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Vertical Capital Income Fund)

Instructions from Principal. 15.1 (a) Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 (b) Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodianthe Custodians's failure to produce such confirmation at any subsequent time. The Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 (c) All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 14 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment Manager. 15.4 (d) Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Parkstone Advantage Fund)

Instructions from Principal. 15.1 Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodian's ’s failure to produce such confirmation at any subsequent time. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 16 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment Manager. 15.4 Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Ladenburg Thalmann Alternative Strategies Fund)

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Instructions from Principal. 15.1 (a) Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 (b) Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or the Custodian's failure to produce such confirmation at any subsequent time. The Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 (c) All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 14 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment Manager. 15.4 Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.to

Appears in 1 contract

Samples: Custodian Agreement (Armada Funds)

Instructions from Principal. 15.1 16.1 Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment ManagerManager ("Authorized Persons"). Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 Principal or authorized Investment Manager, as the case may be, 16.2 Authorized Persons may give instructioninstructions, noticenotices, or other communication communications called for by this Agreement to Custodian in writing, or by telecopy, telex, telegramfacsimile, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager Authorized Persons may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager the Authorized Persons shall promptly confirm any oral communications in writing or by telecopy facsimile or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager Authorized Persons to send confirmation in writing, writing or the failure of such confirmation to conform to the telephone instructions received or Custodian's failure to produce such confirmation at any subsequent timepreviously received. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 16.3 All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 15 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment ManagerAuthorized Persons. 15.4 16.4 Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Chou America Mutual Funds)

Instructions from Principal. 15.1 16.1 Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment ManagerManager (“Authorized Persons”). Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 Principal or authorized Investment Manager, as the case may be, 16.2 Authorized Persons may give instructioninstructions, noticenotices, or other communication communications called for by this Agreement to Custodian in writing, or by telecopy, telex, telegramfacsimile, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager Authorized Persons may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager the Authorized Persons shall promptly confirm any oral communications in writing or by telecopy facsimile or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager Authorized Persons to send confirmation in writing, writing or the failure of such confirmation to conform to the telephone instructions received or Custodian's failure to produce such confirmation at any subsequent timepreviously received. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 16.3 All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment ManagerAuthorized Persons. 15.4 16.4 Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Wright Managed Equity Trust)

Instructions from Principal. 15.1 (a) Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 (b) Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodianthe Custodians's failure to produce such confirmation at any subsequent time. The Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 (c) All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 14 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment Manager.to 15.4 (d) Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Parkstone Group of Funds /Oh/)

Instructions from Principal. 15.1 (a) Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 (b) Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation confirmations in writing, the failure of such confirmation to conform to the telephone instructions received or the Custodian's failure to produce such confirmation at any subsequent time. The Custodian may electronically record any instruction given by telephone, and or any other telephone discussions with respect to the Custody Account. 15.3 (c) All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 14 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary due care believes has been given by Principal or an Investment Manager. 15.4 (d) Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems reasonably appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Sis Mercator Fund Inc)

Instructions from Principal. 15.1 14.1 Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 14.2 Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodian's ’s failure to produce such confirmation at any subsequent time. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 14.3 All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 15 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes in good faith has been given by Principal or an Investment Manager. 15.4 14.4 Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems reasonably appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Old Mutual Advisor Funds)

Instructions from Principal. 15.1 14.1 Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 14.2 Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodian's failure to produce such confirmation at any subsequent time. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 14.3 All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 15 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment Manager. 15.4 14.4 Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Central Park Group Multi-Event Fund)

Instructions from Principal. 15.1 14.1 Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment ManagerPrincipal. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 14.2 Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodian's ’s failure to produce such confirmation at any subsequent time. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 14.3 All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 15 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment ManagerPrincipal. 15.4 14.4 Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Hercules Technology Growth Capital Inc)

Instructions from Principal. 15.1 14.1 Principal shall certify or cause to be certified to Custodian in writing the names and specimen signatures of all persons authorized to give instructions, notices, or other communications on behalf of Principal or any Investment Manager. Such certification shall remain effective until Custodian receives notice to the contrary. 15.2 14.2 Principal or authorized Investment Manager, as the case may be, may give instruction, notice, or other communication called for by this Agreement to Custodian in writing, or by telecopy, telex, telegram, or other form of electronic communication acceptable to Custodian. Unless otherwise expressly provided, all Instructions shall continue in full force and effect until canceled or superseded. Principal or Investment Manager may give and Custodian may accept oral instructions on an exception basis; provided, however, that Principal or Investment Manager shall promptly confirm any oral communications in writing or by telecopy or other means permitted hereunder. Principal will hold Custodian harmless for the failure of Principal or Investment Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodian's ’s failure to produce such confirmation at any subsequent time. Custodian may electronically record any instruction given by telephone, and any other telephone discussions with respect to the Custody Account. 15.3 . 14.3 All such communications shall be deemed effective upon receipt by Custodian at its address specified in Paragraph 17 15 of this Agreement, as amended from time to time. Custodian without liability may rely upon and act in accordance with any instruction that Custodian using ordinary care believes has been given by Principal or an Investment Manager. 15.4 14.4 Custodian may at any time request instructions from Principal and may await such instructions without incurring liability. Custodian has no obligation to act in the absence of such requested instructions, but may, however, without liability take such action as it deems appropriate to carry out the purposes of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (MediaTech Investment Corp.)

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