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Common use of Instructions Clause in Contracts

Instructions. Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral or Written Instructions. PFPC Trust shall be entitled to rely upon any Oral or Written Instructions it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix). PFPC Trust may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing documents of a Fund or this Agreement or of any vote, resolution or proceeding relating to a Fund or the assets maintained hereunder. Each Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed). The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 8 contracts

Samples: Custodian Services Agreement (Schwab Capital Trust), Custodian Services Agreement (Schwab Charles Family of Funds), Custodian Services Agreement (Schwab Charles Family of Funds)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Directors or of the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral Instructions or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust's actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 8 contracts

Samples: Custodian Services Agreement (New Alternatives Fund Inc), Custody Agreement (Boulder Total Return Fund Inc), Custodian Services Agreement (Spirit of America Investment Fund Inc)

Instructions. Unless (a) Except as otherwise expressly provided in this Agreement, PFPC Trust shall act BNY Mellon will have no obligation to take any action hereunder unless and until it receives Instructions issued in accordance with this Agreement. (b) Customer will be responsible for ensuring that (i) only upon Oral Authorized Persons issue Instructions to BNY Mellon and (ii) all Authorized Persons safeguard and treat with extreme care any user and authorization codes, passwords and authentication keys used in connection with the issuance of Instructions. (c) Where Customer may or Written is required to issue Instructions. PFPC Trust shall , such Instructions will be issued by an Authorized Person. (d) BNY Mellon will be entitled to deal with any Authorized Person until notified otherwise pursuant to Instructions, and will be entitled to act and rely upon any Instruction received by BNY Mellon. (e) All Instructions must include all information necessary, and must be delivered using such methods and in such format as BNY Mellon may reasonably require and be received within BNY Mellon’s established cut-off times and otherwise in sufficient time, to enable BNY Mellon to act upon such Instructions. (f) BNY Mellon may in its sole discretion decline to act upon any Instructions that do not comply with requirements set forth in Section 3.2(e) or that conflict with applicable law or regulations or BNY Mellon’s operating policies and practices, in which event BNY Mellon will promptly notify Customer unless prevented from doing so by applicable law. (g) Customer acknowledges that while it is not part of BNY Mellon’s normal practices and procedures to accept Oral or Written Instructions it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Instructions, BNY Mellon may in certain limited circumstances accept Oral Instructions. PFPC Trust may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing documents of a Fund or this Agreement or of any voteIn such event, resolution or proceeding relating to a Fund or the assets maintained hereunder. Each Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need will be deemed to be so confirmed)Instructions for purposes of this Agreement. The An Authorized Person issuing such an Oral Instruction will promptly confirm such Oral Instruction to BNY Mellon in writing. Notwithstanding the foregoing, Customer agrees that the fact that such confirming Written Instructions are written confirmation is not received by PFPC Trust BNY Mellon, or differ from that such written confirmation contradicts the Oral Instructions shall Instruction, will in no way invalidate affect (i) BNY Mellon’s reliance on such Oral Instruction or (ii) the transactions validity or enforceability of the transactions authorized by the such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions Instruction and the confirming Written Instructions. Each Fund further effected by BNY Mellon. (h) Customer acknowledges and agrees that PFPC Trust shall incur no liability it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to BNY Mellon and that there may be more secure methods of transmitting Instructions than the method selected by the sender. Customer agrees that the security procedures, if any, to be followed by Customer and BNY Mellon with respect to the Fund for relying upon Oral or Written transmission and authentication of Instructions provided such instructions reasonably appear provide to have been received from an Authorized Person listed on the then current Authorized Persons AppendixCustomer a commercially reasonable degree of protection in light of its particular needs and circumstances.

Appears in 7 contracts

Samples: Custody Agreement (Alger Portfolios), Custody Agreement (Alger ETF Trust), Custody Agreement (Alger Institutional Funds)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. ; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine. (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement the Funds or of any vote, resolution or proceeding relating of each Fund’s Governing Board or Members, as applicable, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund agrees contrary. (c) The Funds agree to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 7 contracts

Samples: Custodian Services Agreement (PNC Alternative Strategies Fund LLC), Custodian Services Agreement (PNC Long-Short Fund LLC), Custodian Services Agreement (PNC Absolute Return Fund LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust Person pursuant to be an Authorized Person listed on the then current Authorized Persons Appendix)this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's board of directors or of the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 7 contracts

Samples: Custodian Services Agreement (First Trust Strategic High Income Fund Iii), Custodian Services Agreement (First Trust Tax-Advantaged Preferred Income Fund), Custodian Services Agreement (First Trust Strategic High Income Fund Ii)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PFD shall act only upon Oral Instructions or Written Instructions. PFPC Trust . (b) PFD shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust PFD to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust PFD may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Directors or Trustees or of the Fund's shareholders, unless and until PFD receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust PFD Written Instructions confirming Oral Instructions so that PFPC Trust PFD receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust PFD or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFD's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFD shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFD's actions comply with the other provisions of this Agreement.

Appears in 6 contracts

Samples: Underwriting Agreement (Roxbury Funds), Underwriting Agreement (Armada Funds), Underwriting Agreement (Armada Advantage Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PNC shall act only upon Oral or Instructions and Written Instructions. PFPC Trust . (b) PNC shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust PNC to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust PNC may reasonably assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Funds’ Boards of Trustees or of the Funds’ shareholders, unless and until PNC receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund agrees contrary. (c) VP Distributors and the Funds agree, as applicable, to forward to PFPC Trust PNC Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PNC or its affiliates) so that PFPC Trust PNC receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions PNC shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PNC shall incur no liability to VP Distributors or the then current Authorized Persons AppendixFunds in acting upon such Oral Instructions or Written Instructions provided that PNC’s actions comply with the other provisions of this Agreement.

Appears in 6 contracts

Samples: Sub Administration and Accounting Services Agreement (Virtus Institutional Trust), Sub Administration and Accounting Services Agreement (Virtus Equity Trust), Sub Administration and Accounting Services Agreement (Virtus Equity Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund’s Board of Trustees or of the Fund’s shareholders, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixFund in acting in conformance with such Oral Instructions or Written Instructions provided that PFPC’s actions comply with the other provisions of this Agreement.

Appears in 6 contracts

Samples: Transfer Agency Services Agreement (Nicholas-Applegate International & Premium Strategy Fund), Transfer Agency Services Agreement (Nicholas-Applegate Equity & Convertible Income Fund), Transfer Agency Services Agreement (PIMCO Global StocksPLUS & Income Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PNC Bank shall act only upon Oral or Instructions and Written Instructions. PFPC Trust . (b) PNC Bank shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust PNC Bank to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust PNC Bank may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Directors or of the Fund's shareholders, unless and until PNC Bank receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust PNC Bank Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PNC Bank or its affiliates) so that PFPC Trust PNC Bank receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions PNC Bank shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PNC Bank shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PNC Bank's actions comply with the other provisions of this Agreement.

Appears in 6 contracts

Samples: Custodian Services Agreement (Salomon Brothers Variable Series Funds Inc), Custodian Services Agreement (Salomon Brothers Series Funds Inc), Custodian Services Agreement (Lasalle Real Estate Securities Fund Inc)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust BNYM shall act only upon Oral Instructions or Written Instructions. PFPC Trust . (b) BNYM shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust BNYM to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust BNYM may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of a Fund’s Board of Trustees or of a Fund’s shareholders, unless and until BNYM receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) The Administrator agrees to forward to PFPC Trust BNYM Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by BNYM or its affiliates) so that PFPC Trust BNYM receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust BNYM or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or BNYM’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify ; provided, however, that to the Fund providing such confirming Written Instructions of any differences between the extent that Oral Instructions and the differ from confirming Written Instructions. Each Fund further agrees that PFPC Trust , BNYM shall incur no liability make all commercially reasonable efforts to promptly reconcile the Fund for relying upon Oral or Written differing Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on with the then current Authorized Persons AppendixAdministrator.

Appears in 6 contracts

Samples: Sub Administration and Accounting Services Agreement (Touchstone Tax Free Trust), Sub Administration and Accounting Services Agreement (Touchstone Variable Series Trust), Sub Administration and Accounting Services Agreement (Touchstone Institutional Funds Trust)

Instructions. Unless otherwise provided in this AgreementAppendix, PFPC Trust ICC shall act only upon Oral or and Written Instructions. PFPC Trust ICC shall be entitled to rely upon any Oral or and Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust ICC to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust ICC may assume that any Oral or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing documents the Fund's Articles of a Fund Incorporation, the Master Services Agreement, or this Agreement any Appendix attached thereto, or of any vote, resolution or proceeding relating to a Fund of the Fund's Board of Directors or the assets maintained hereundershareholders. Each The Fund agrees to forward to PFPC Trust ICC Written Instructions confirming Oral Instructions so that PFPC Trust ICC receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions ICC shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each The Fund further agrees that PFPC Trust ICC shall incur no liability to the Fund for relying in acting upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person. If ICC is in doubt as to any action it should or should not take, ICC may request directions or advice, including Oral or Written Instructions, from the then current Authorized Persons Fund. ICC shall be protected in any action it takes or does not take in reliance upon directions, advice or Oral or Written Instructions it receives from the Fund or from counsel and which ICC believes, in good faith, to be consistent with those directions, advice or Oral of Written Instructions. Notwithstanding the foregoing, ICC shall have no obligation (i) to seek such directions, advice or Oral or Written Instructions, or (ii) to act in accordance with such directions, advice or Oral or Written Instructions unless, under the terms of other provisions of this Appendix, the same is a condition of ICC's properly taking or not taking such action.

Appears in 6 contracts

Samples: Master Services Agreement (Total Return U S Treasury Fund Inc), Master Services Agreement (Managed Municipal Fund Inc), Master Services Agreement (Flag Investors Telephone Income Fund Inc)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral or Instructions and Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral Instructions or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust's actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 5 contracts

Samples: Custodian Services Agreement (Eii Realty Securities Trust), Custodian Services Agreement (Harvest Funds //), Custodian Services Agreement (Robertson Stephens Investment Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust BNY Mellon shall act only upon Oral or Instructions and Written Instructions. PFPC Trust . (b) BNY Mellon shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust BNY Mellon to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust BNY Mellon may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until BNY Mellon receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust BNY Mellon Written Instructions confirming Oral Instructions so that PFPC Trust BNY Mellon receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions BNY Mellon shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, BNY Mellon shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that BNY Mellon's actions comply with the other provisions of this Agreement.

Appears in 5 contracts

Samples: Transfer Agency Services Agreement (Aquila Municipal Trust), Transfer Agency Services Agreement (Aquila Funds Trust), Transfer Agency Services Agreement (Aquila Municipal Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust BNY Mellon shall act only upon Oral or Instructions and Written Instructions. PFPC Trust . (b) BNY Mellon shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust BNY Mellon to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust BNY Mellon may reasonably assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund’s Board of Directors or of the Fund’s shareholders, unless and until BNY Mellon receives Written Instructions to a the contrary. (c) The Fund or the assets maintained hereunder. Each Fund agrees agrees, as applicable, to forward to PFPC Trust BNY Mellon Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by BNY Mellon or its affiliates) so that PFPC Trust BNY Mellon receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions BNY Mellon shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, BNY Mellon shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that BNY Mellon’s actions comply with the other provisions of this Agreement.

Appears in 5 contracts

Samples: Accounting Services Agreement, Accounting Services Agreement (Virtus Global Dividend & Income Fund Inc.), Accounting Services Agreement (Duff & Phelps Select Energy MLP Fund Inc.)

Instructions. Unless otherwise provided in this AgreementAppendix, PFPC Trust ICCC shall act only upon Oral or and Written Instructions. PFPC Trust ICCC shall be entitled to rely upon any Oral or and Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust ICCC to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust ICCC may assume that any Oral or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing documents each Fund's Articles of a Fund Incorporation, each Trust's Declaration of Trust, the Master Services Agreement, or this Agreement any Appendix attached thereto, or of any vote, resolution or proceeding relating to a Fund of each Fund's Board of Directors, each Trust's Board of Trustees or the assets maintained hereundershareholders. Each Fund agrees and each Trust agree to forward to PFPC Trust ICCC Written Instructions confirming Oral Instructions so that PFPC Trust ICCC receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions ICCC shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund and each Trust further agrees agree that PFPC Trust ICCC shall incur no liability to the each Fund for relying or each Trust in acting upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person. If ICCC is in doubt as to any action it should or should not take, ICCC may request directions or advice, including Oral or Written Instructions, from each Fund or each Trust. ICCC shall be protected in any action it takes or does not take in reliance upon directions, advice or Oral or Written Instructions it receives from each Fund, each Trust or from counsel and which ICCC believes, in good faith, to be consistent with those directions, advice or Oral of Written Instructions. Notwithstanding the then current Authorized Persons foregoing, ICCC shall have no obligation (i) to seek such directions, advice or Oral or Written Instructions, or (ii) to act in accordance with such directions, advice or Oral or Written Instructions unless, under the terms of other provisions of this Appendix, the same is a condition of ICCC's properly taking or not taking such action.

Appears in 5 contracts

Samples: Master Services Agreement (Flag Investors Equity Partners Fund Inc), Master Services Agreement (Scudder Rreef Securities Trust), Master Services Agreement (Flag Investors Communications Fund Inc)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC SEI Trust shall act only upon Oral Instructions or Written Instructions. PFPC . (b) SEI Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC SEI Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC SEI Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's board of directors or of the Fund's members, unless and until SEI Trust receives Written Instructions to a the contrary, SEI Trust has actual knowledge to the contrary, or such Oral Instructions or Written Instructions are not the type of Oral Instructions or Written Instructions that an Authorized Person is authorized to give and the Fund has given SEI Trust written notice of the relevant limitation on the types of Oral Instructions or the assets maintained hereunder. Each Written Instructions that such Authorized Person is authorized to give and such Oral Instructions or Written Instructions are clearly not with such authorized types. (c) The Fund agrees to forward to PFPC SEI Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by SEI Trust or its affiliates) so that PFPC SEI Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)SEI Trust. The fact that such confirming Written Instructions are not received by PFPC SEI Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or SEI Trust's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 5 contracts

Samples: Custodian Services Agreement (Mercantile Absolute Return Master Fund LLC), Custodian Services Agreement (Mercantile Long-Short Manager Master Fund LLC), Custodian Services Agreement (Mercantile Alternative Strategies Master Fund LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral Instructions or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust's actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 5 contracts

Samples: Custodian Services Agreement (Hilliard Lyons Investment Trust), Custodian Services Agreement (Kelmoore Strategy Variable Trust), Custodian Services Agreement (Kelmoore Strategy Variable Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust pursuant to be an Authorized Person listed on the then current Authorized Persons Appendix)this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a any Fund or this Agreement or of with any vote, resolution or proceeding of any Fund’s Board of Trustees, Board of Directors or similar governing entity or of any Fund’s shareholders, unless and until PFPC Trust receives Written Instructions relating to a particular Fund or to the assets maintained hereunder. contrary. (c) Each Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same New York Stock Exchange business day that such (i.e., a day on which the New York Stock Exchange is open for trading) immediately following the day on which the Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 5 contracts

Samples: Custodian Services Agreement (American Skandia Trust), Custodian Services Agreement (Strategic Partners Mutual Funds, Inc.), Custodian Services Agreement (Prudential World Fund Inc)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust BNYM shall act only upon Oral Instructions or Written Instructions. PFPC Trust . (b) BNYM shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust BNYM to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust BNYM may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution resolution, or proceeding relating of a Fund’s Board of Trustees or of a Fund’s shareholders, unless and until BNYM receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) The Administrator agrees to forward to PFPC Trust BNYM Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by BNYM or its Affiliates) so that PFPC Trust BNYM receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust BNYM or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or BNYM’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify ; provided, however, that to the Fund providing such confirming Written Instructions of any differences between the extent that Oral Instructions and the differ from confirming Written Instructions. Each Fund further agrees that PFPC Trust , BNYM shall incur no liability make all commercially reasonable efforts to promptly reconcile the Fund for relying upon Oral or Written differing Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on with the then current Authorized Persons AppendixAdministrator.

Appears in 5 contracts

Samples: Sub Administration and Accounting Services Agreement (Touchstone Institutional Funds Trust), Sub Administration and Accounting Services Agreement (Touchstone Variable Series Trust), Sub Administration and Accounting Services Agreement (Touchstone Strategic Trust)

Instructions. Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral or Written Instructions. PFPC Trust shall be entitled to rely upon any Oral or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix). In the exercise of reasonable judgement, PFPC Trust may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing documents of a Fund or this Agreement or of any vote, resolution or proceeding relating to a Fund or the assets maintained hereunderFund. Each Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed). The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 5 contracts

Samples: Accounting Services Agreement (Schwab Annuity Portfolios), Accounting Services Agreement (Schwab Charles Family of Funds), Accounting Services Agreement (Schwab Capital Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PNC Bank shall act only upon Oral or Instructions and Written Instructions. PFPC Trust . (b) PNC Bank shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust PNC Bank to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust PNC Bank may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PNC Bank receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust PNC Bank Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PNC Bank or its affiliates) so that PFPC Trust PNC Bank receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions PNC Bank shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PNC Bank shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PNC Bank's actions comply with the other provisions of this Agreement.

Appears in 5 contracts

Samples: Custodian Services Agreement (Eii Realty Securities Fund), Custodian Services Agreement (Lasalle Master Trust), Custodian Services Agreement (American Skandia Master Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. , including standing Written Instructions related to ongoing instructions received electronically. (b) PFPC Trust shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating to a Fund of the Fund's Board of Trustees or the assets maintained hereunder. Each Fund's Shareholders, unless and until PFPC receives Written Instructions to the contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so (except where such Oral Instructions are given by PFPC or its affiliates) and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.

Appears in 5 contracts

Samples: Administration and Accounting Services Agreement (Restoration Opportunities Fund), Accounting Services Agreement (Highland Floating Rate Fund), Accounting Services Agreement (Highland Institutional Floating Rate Income Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. , including standing Written Instructions related to ongoing instructions received electronically. (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating to a Fund of the Board of Trustees or the assets maintained hereunder. Each Fund's Shareholders, unless and until PFPC Trust receives Written Instructions to the contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so given on behalf of the Fund (except where such Oral Instructions are given by PFPC Trust or its affiliates) and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral Instructions or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust's actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 5 contracts

Samples: Custodian Services Agreement (Restoration Opportunities Fund), Custodian Services Agreement (Highland Corporate Opportunities Fund), Custodian Services Agreement (Highland Institutional Floating Rate Income Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust Person pursuant to be an Authorized Person listed on the then current Authorized Persons Appendix)this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing documents of a Fund the Organizational Documents or this Agreement or of any vote, resolution resolution, or proceeding relating of the Fund's directors or Members, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC or its affiliates) so that PFPC Trust receives the Written Instructions as promptly as practicable and in any event by the close of business on the same day that after such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.

Appears in 4 contracts

Samples: Administration and Accounting Services Agreement (Topiary Benefit Plan Investor Fund LLC), Investor Services Agreement (Db Hedge Strategies Fund LLC), Administration and Accounting Services Agreement (Topiary Master Fund for Benefit Plan Investors (BPI) LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust Person pursuant to be an Authorized Person listed on the then current Authorized Persons Appendix)this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's directors or of the Fund's members, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so given on behalf of the Fund (except where such Oral Instructions are given by PFPC Trust or its affiliates) and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.

Appears in 4 contracts

Samples: Custodian Services Agreement (Db Hedge Strategies Fund LLC), Custodian Services Agreement (Topiary Benefit Plan Investor Fund LLC), Custodian Services Agreement (Topiary Master Fund for Benefit Plan Investors (BPI) LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributors shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust Distributors shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Distributors to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Distributors may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Directors or of the Fund's Interestholders, unless and until PFPC Distributors receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Distributors Written Instructions confirming Oral Instructions so that PFPC Trust Distributors receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributors or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Distributors' ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC Distributors shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions; provided that PFPC Distributors' actions comply with the other provisions of this Agreement.

Appears in 4 contracts

Samples: Underwriting Agreement (Asa Hedged Equity Fund LLC), Underwriting Agreement (Asa Debt Arbitrage Fund LLC), Underwriting Agreement (Asa Market Neutral Equity Fund LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PNC Bank shall act only upon Oral or Instructions and Written Instructions. PFPC Trust . (b) PNC Bank shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust PNC Bank to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust PNC Bank may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PNC Bank receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund agrees contrary. (c) Custodian and the Fund, as applicable, agree to forward to PFPC Trust PNC Bank Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PNC Bank or its affiliates) so that PFPC Trust PNC Bank receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions PNC Bank shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PNC Bank shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PNC Bank's actions comply with the other provisions of this Agreement.

Appears in 4 contracts

Samples: Sub Custodian Services Agreement (Rodney Square Strategic Equity Fund), Sub Custodian Services Agreement (Rodney Square Tax Exempt Fund), Sub Custodian Services Agreement (Rodney Square Strategic Fixed Income Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing documents of a Fund the Organizational Documents or this Agreement or of any vote, resolution or proceeding relating of the Fund's directors or Members, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC or its affiliates) so that PFPC Trust receives the Written Instructions as promptly as practicable and in any event by the close of business on the same day that after such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.

Appears in 4 contracts

Samples: Administration, Accounting and Investor Services Agreement (Gam Avalon Dinadan LLC), Administration, Accounting and Investor Services Agreement (Gam Avalon Palemedes LLC), Administration, Accounting and Investor Services Agreement (Excelsior Venture Partners Fund Iii LLC)

Instructions. A. Unless otherwise provided in this Agreement, PFPC Trust Distributor shall act only upon Oral Instructions or Written Instructions. PFPC Trust . B. Distributor shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Distributor to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Distributor may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing the Fund’s organizational documents of a Fund or this Agreement or of with any vote, resolution or proceeding relating of the Fund’s Board of Directors or any Fund’s shareholders, unless and until Distributor receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. C. The Fund agrees to forward to PFPC Trust Distributor Written Instructions confirming Oral Instructions so that PFPC Trust Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or Distributor’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, Distributor shall incur no liability to the then current Fund or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’ actions comply with the other provisions of this Agreement. D. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Persons AppendixPerson, Distributor shall incur no liability to the Fund or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’s actions comply with the other provisions of this Agreement.

Appears in 4 contracts

Samples: Underwriting Agreement (Versus Capital Multi-Manager Real Estate Income Fund LLC), Underwriting Agreement (Versus Global Multi-Manager Real Estate Income Fund LLC), Underwriting Agreement (Versus Global Multi-Manager Real Estate Income Fund LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. , including standing Written Instructions related to ongoing instructions received electronically. (b) PFPC Trust shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating to a Fund of the Fund's Board of Trustees or the assets maintained hereunder. Each Fund Fund's Shareholders, unless and until PFPC receives Written Instructions to the contrary. (c) Highland agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so (except where such Oral Instructions are given by PFPC or its affiliates) and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to Highland or the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.

Appears in 4 contracts

Samples: Sub Administration Services Agreement (Highland Floating Rate LTD Liability Co), Sub Administration Services Agreement (Highland Floating Rate Fund), Sub Administration Services Agreement (Highland Institutional Floating Rate Income Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributors shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust Distributors shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Distributors to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Distributors may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Directors or Trustees or of the Fund's shareholders, unless and until PFPC Distributors receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Distributors Written Instructions confirming Oral Instructions so that PFPC Trust Distributors receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributors or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Distributors' ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC Distributors shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC Distributors' actions comply with the other provisions of this Agreement.

Appears in 4 contracts

Samples: Underwriting Agreement (Horace Mann Mutual Funds), Underwriting Agreement (Van Wagoner Funds Inc), Underwriting Agreement (New Alternatives Fund Inc)

Instructions. Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral or Written Instructions. PFPC Trust a. JNAM shall be entitled deemed to rely have received Instructions (as that term is used herein) upon receipt of written instructions (including receipt by facsimile), which may be continuing instructions, signed by one or more persons the Managers shall have from time to time authorized to give the particular class of Instructions in question. Different persons may be authorized to give Instructions for different purposes, and Instructions may be general or specific in terms. A certified copy of a bylaw, resolution or action of the Managers of the Variable Fund may be received and accepted by JNAM as conclusive evidence of the authority of any Oral or Written Instructions it receives from an Authorized Persons such persons to act and may be considered to be in full force and effect until receipt of written notice (or from a person reasonably believed oral notice followed by PFPC Trust written confirmation within seven days) to the contrary. b. One or more designated persons may be an Authorized Person listed on authorized to issue oral (such term as used herein including, without limitation, telephoned) instructions, specifying the then current Authorized Persons Appendix)type or types of instructions that may be so issued, in which case the Variable Fund shall deliver to JNAM resolutions of the Managers to such effect. PFPC Trust may assume that any Oral or Written Instructions received hereunder are not Such oral instructions shall promptly be confirmed in any way inconsistent writing to JNAM. Such instructions when given in accordance with the provisions of governing documents of a Fund or this Agreement or of any vote, resolution or proceeding relating to a Fund or the assets maintained hereof and with such resolutions shall be deemed Instructions hereunder. Each Fund agrees In the case of conflict between oral Instructions given by a person designated in the resolution of the Managers referred to forward to PFPC Trust Written in the first sentence of this subparagraph (b) and any written Instructions, the Instructions confirming Oral most recently received by JNAM shall prevail following such receipt, and in case of conflict between oral Instructions so that PFPC Trust receives the Written Instructions given by the close a person designated in such resolution and any written confirmation or purported confirmation of business on the same day that oral Instructions, such Oral Instructions are received (written confirmation or purported confirmation shall prevail following receipt thereof by JNAM; provided that Oral any transaction initiated by JNAM pursuant to such oral Instructions, may, but need not, be completed by JNAM notwithstanding JNAM's receipt of conflicting subsequent Instructions transmitted by means hereunder or written confirmation or purported confirmation of e-mail do not need oral Instructions hereunder subsequent to be so confirmed). The fact that JNAM's initiation of such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendixtransaction.

Appears in 4 contracts

Samples: Transfer Agency Agreement (JNL Variable Fund LLC), Transfer Agency Agreement (JNL Variable Fund Iii LLC), Transfer Agency Agreement (Jnlny Variable Fund I LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Managers or of the Fund's Members, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 4 contracts

Samples: Custodian Services Agreement (Bacap Technology Fund LLC), Custodian Services Agreement (Torrey Us Strategy Partners LLC), Custodian Services Agreement (Torrey International Strategy Partners LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. , including standing Written Instructions related to ongoing instructions received electronically. (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's Shareholders, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so (except where such Oral Instructions are given by PFPC or its affiliates) and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.

Appears in 4 contracts

Samples: Transfer Agency Services Agreement (Advantage Advisers Multi - Sector Fund I), Transfer Agency Services Agreement (Highland Institutional Floating Rate Income Fund), Transfer Agency Services Agreement (Highland Floating Rate Advantage Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Directors or of the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral Instructions or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 4 contracts

Samples: Custodian Services Agreement (Flaherty & Crumrine/Claymore Total Return Fund Inc), Custodian Services Agreement (F&c/Claymore Preferred Securities Income Fund Inc), Custodian Services Agreement (F&c/Claymore Preferred Securities Income Fund Inc)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust pursuant to be an Authorized Person listed on the then current Authorized Persons Appendix)this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund’s Board of Trustees or of the Fund’s shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees , provided that PFPC Trust shall incur no liability to Trust’s actions comply with the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 4 contracts

Samples: Custodian Services Agreement (Virtus Institutional Trust), Custodian Services Agreement (Virtus Insight Trust), Custodian Services Agreement (Virtus Opportunities Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC SEI Trust shall act only upon Oral Instructions or Written Instructions. PFPC . (b) SEI Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC SEI Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC SEI Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund’s board of directors or of the Fund’s members, unless and until SEI Trust receives Written Instructions to a the contrary, SEI Trust has actual knowledge to the contrary, or such Oral Instructions or Written Instructions are not the type of Oral Instructions or Written Instructions that an Authorized Person is authorized to give and the Fund has given SEI Trust written notice of the relevant limitation on the types of Oral Instructions or the assets maintained hereunder. Each Written Instructions that such Authorized Person is authorized to give and such Oral Instructions or Written Instructions are clearly not with such authorized types. (c) The Fund agrees to forward to PFPC SEI Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by SEI Trust or its affiliates) so that PFPC SEI Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)SEI Trust. The fact that such confirming Written Instructions are not received by PFPC SEI Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or SEI Trust’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 4 contracts

Samples: Custodian Services Agreement (Mercantile Absolute Return Fund LLC), Custodian Services Agreement (Mercantile Long Short Manager Fund LLC), Custodian Services Agreement (Mercantile Absolute Return Fund for Tax-Exempt/Deferred Investors (TEDI) LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral Instructions or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust's actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 4 contracts

Samples: Custodian Services Agreement (Mutual Fund Investment Trust), Custodian Services Agreement (Torray Fund), Custodian Services Agreement (Kalmar Pooled Investment Trust)

Instructions. Unless (a) Except as otherwise expressly provided in this Agreement, PFPC Trust shall act BNY Mellon will have no obligation to take any action hereunder unless and until it receives Instructions issued in accordance with this Agreement. (b) Customer will be responsible for ensuring that (i) only upon Oral Authorized Persons issue Instructions to BNY Mellon and (ii) all Authorized Persons safeguard and treat with extreme care any user and authorization codes, passwords and authentication keys used in connection with the issuance of Instructions. (c) Where Customer may or Written is required to issue Instructions. PFPC Trust shall , such Instructions will be issued by an Authorized Person. (d) BNY Mellon will be entitled to deal with any Authorized Person until notified otherwise pursuant to Instructions, and will be entitled to act and rely upon any Instruction received by BNY Mellon. (e) All Instructions must include all information necessary, and must be delivered using such methods and in such format as BNY Mellon may reasonably require and be received within BNY Mellon’s established cut-off times and otherwise in sufficient time, to enable BNY Mellon to act upon such Instructions. (f) BNY Mellon may, in its sole and reasonable discretion, decline to act upon any Instructions that do not comply with requirements set forth in Section 3.2(e) or that conflict with applicable law or regulations or BNY Mellon’s operating policies and practices, in which event BNY Mellon will promptly notify Customer unless prevented from doing so by applicable law. (g) Customer acknowledges that while it is not part of BNY Mellon’s normal practices and procedures to accept Oral or Written Instructions it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Instructions, BNY Mellon may in certain limited circumstances accept Oral Instructions. PFPC Trust may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing documents of a Fund or this Agreement or of any voteIn such event, resolution or proceeding relating to a Fund or the assets maintained hereunder. Each Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need will be deemed to be so confirmed)Instructions for purposes of this Agreement. The An Authorized Person issuing such an Oral Instruction will promptly confirm such Oral Instruction to BNY Mellon in writing. Notwithstanding the foregoing, Customer agrees that the fact that such confirming Written Instructions are written confirmation is not received by PFPC Trust BNY Mellon, or differ from that such written confirmation contradicts the Oral Instructions shall Instruction, will in no way invalidate affect (i) BNY Mellon’s reliance on such Oral Instruction or (ii) the transactions validity or enforceability of the transactions authorized by the such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions Instruction and the confirming Written Instructions. Each Fund further effected by BNY Mellon. (h) Customer acknowledges and agrees that PFPC Trust shall incur no liability it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to BNY Mellon and that there may be more secure methods of transmitting Instructions than the method selected by the sender. Customer agrees that the security procedures, if any, to be followed by Customer and BNY Mellon with respect to the Fund for relying upon Oral or Written transmission and authentication of Instructions provided such instructions reasonably appear provide to have been received from an Authorized Person listed on the then current Authorized Persons AppendixCustomer a commercially reasonable degree of protection in light of its particular needs and circumstances.

Appears in 3 contracts

Samples: Custody Agreement (2023 ETF Series Trust), Custody Agreement (2023 ETF Series Trust), Custody Agreement (BNY Mellon ETF Trust II)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributors shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust Distributors shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Distributors to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Distributors may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Directors or of the Fund's Shareholders, unless and until PFPC Distributors receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Distributors Written Instructions confirming Oral Instructions so that PFPC Trust Distributors receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributors or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Distributors' ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC Distributors shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC Distributors' actions comply with the other provisions of this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Highland Floating Rate Advantage Fund), Underwriting Agreement (Highland Floating Rate Fund), Underwriting Agreement (Highland Institutional Floating Rate Income Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust pursuant to be an Authorized Person listed on the then current Authorized Persons Appendix)this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement the Partnership or of any vote, resolution or proceeding relating of the Fund's Board of [Directors/Trustees] or of the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) The Partnership agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 3 contracts

Samples: Custodian Services Agreement (Hatteras Multi-Strategy Fund II, L.P.), Custodian Services Agreement (Hatteras Multi-Strategy Fund I, L.P.), Custodian Services Agreement (Hatteras Master Fund, L.P.)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PNC Bank shall act only upon Oral or and Written Instructions. PFPC Trust . (b) PNC Bank shall be entitled to rely upon any Oral or and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust PNC Bank to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust PNC Bank may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust PNC Bank Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PNC Bank or its affiliates) so that PFPC Trust PNC Bank receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions PNC Bank shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Where Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PNC Bank shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral or Written Instructions provided that PNC Bank's actions comply with the other provisions of this Agreement.

Appears in 3 contracts

Samples: Custodian Services Agreement (Astra Strategic Investment Series), Custodian Services Agreement (Harris Insight Funds Trust), Custodian Services Agreement (Astra Institutional Securities Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust's actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 3 contracts

Samples: Custodian Services Agreement (Harris Insight Funds Trust), Custodian Services Agreement (Harris Insight Funds Trust), Custodian Services Agreement (Phoenix Insight Funds Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust BNY Mellon shall act only upon Oral Instructions or Written Instructions. PFPC Trust . (b) BNY Mellon shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust BNY Mellon to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust BNY Mellon may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund’s Board of Directors or Trustees or of the Fund’s shareholders, unless and until BNY Mellon receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust BNY Mellon Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by BNY Mellon or its affiliates) so that PFPC Trust BNY Mellon receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust BNY Mellon or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or BNY Mellon’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 3 contracts

Samples: Administration and Accounting Services Agreement (BlackRock Resources & Commodities Strategy Trust), Administration and Accounting Services Agreement (BlackRock Utility & Infrastructure Trust), Administration and Accounting Services Agreement (BlackRock Resources & Commodities Strategy Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust the Distributor shall act only upon Oral Instructions or Written Instructions. PFPC Trust . (b) The Distributor shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust the Distributor to be an Authorized Person listed on Person) pursuant to this Agreement, the then current Authorized Persons Appendix). PFPC Trust Distributor may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Trust’s Board of Trustees or of the Trust’s shareholders, unless and until the Distributor receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) The Trust agrees to forward to PFPC Trust the Distributor Written Instructions confirming Oral Instructions so that PFPC Trust the Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust the Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or the Distributor’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, the then current Authorized Persons AppendixDistributor shall incur no liability to the Trust in acting upon such Oral Instructions or Written Instructions provided that the Distributor’s actions comply with the other provisions of this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (GuideStone Funds), Underwriting Agreement (GuideStone Funds), Distribution Services Agreement (GuideStone Funds)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral or Instructions and Written Instructions. , including standing Written Instructions related to ongoing instructions received electronically. (b) PFPC Trust shall be entitled to rely upon any Oral or and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement the Company or of any vote, resolution or proceeding relating to a Fund of the Company's Board of Managers or the assets maintained hereunder. Each Fund Company's members, unless and until PFPC Trust receives Written Instructions to the contrary. (c) The Company agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so given on behalf of the Company (except where such Oral Instructions are given by PFPC Trust or its affiliates) and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC Trust shall incur no liability to the then current Authorized Persons AppendixCompany in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.

Appears in 3 contracts

Samples: Custodian Services Agreement (Sawgrass Fund LLC), Custodian Services Agreement (Alyeska Fund LLC), Custody Agreement (Stratigos Fund LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributor shall act only upon Oral Instructions or Written Instructions. PFPC Trust . (b) Distributor shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Distributor to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Distributor may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund Advisor or this Agreement or of with any vote, resolution or proceeding relating of Advisor’s Board of Directors, unless and until Distributor receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) Advisor agrees to forward to PFPC Trust Distributor Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by Distributor or its Affiliates) so that PFPC Trust Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or Distributor’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, Distributor shall incur no liability to the then current Advisor, the Trust or any Fund in acting upon such Oral Instructions or Written Instructions, provided that Distributor’s actions comply with the other provisions of this Agreement. (d) Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Persons AppendixPerson, Advisor shall incur no liability to the Trust or any Fund in acting upon such Oral Instructions or Written Instructions provided that Advisor’s actions comply with the other provisions of this Agreement.

Appears in 3 contracts

Samples: Distribution Services Agreement (Bennett Global Funds), Distribution Services Agreement (Motley Fool Funds Trust), Distribution Services Agreement (Motley Fool Funds Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement the Partnership or of any vote, resolution or proceeding relating of the Partnership's directors or of the Partnership's limited partners, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) The Partnership agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC Trust shall incur no liability to the then current Authorized Persons AppendixPartnership in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.

Appears in 3 contracts

Samples: Custodian Services Agreement (Gam Avalon Multi-Global Lp), Custodian Services Agreement (Gam Avalon Multi Technology Lp), Custodian Services Agreement (Gam Avalon Multi-Europe Lp)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust BNY shall act only upon Oral Instructions or Written Instructions. PFPC Trust , including standing Written Instructions related to ongoing instructions received electronically. (b) BNY shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust BNY to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust BNY may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund’s Board of Trustees or of the Fund’s Shareholders, unless and until BNY receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) Highland agrees to forward to PFPC Trust BNY Written Instructions confirming Oral Instructions so (except where such Oral Instructions are given by BNY or its affiliates) and shall endeavor to ensure that PFPC Trust BNY receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions BNY shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, BNY shall incur no liability to Highland or the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that BNY’s actions comply with the other provisions of this Agreement.

Appears in 3 contracts

Samples: Administration Services Agreement (Highland Funds Ii), Administration Services Agreement (Highland Funds Ii), Sub Administration Services Agreement (Highland Funds Ii)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. , including standing Written Instructions related to ongoing instructions received electronically. (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund’s Board of Trustees or of the Fund’s Shareholders, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so (except where such Oral Instructions are given by PFPC or its affiliates) and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC’s actions comply with the other provisions of this Agreement.

Appears in 3 contracts

Samples: Transfer Agency Services Agreement (Highland Funds I), Transfer Agency Services Agreement (Highland Credit Strategies Fund), Transfer Agency Services Agreement (Highland Special Situations Fund II)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing documents of a Fund the Organizational Documents or this Agreement or of any vote, resolution or proceeding relating of the Partnership's directors or Limited Partners, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) The Partnership agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC or its affiliates) so that PFPC Trust receives the Written Instructions as promptly as practicable and in any event by the close of business on the same day that after such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixPartnership in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.

Appears in 3 contracts

Samples: Administration, Accounting and Investor Services Agreement (Gam Avalon Multi-Europe Lp), Administration, Accounting and Investor Services Agreement (Gam Avalon Multi-Global Lp), Administration, Accounting and Investor Services Agreement (Gam Avalon Multi Technology Lp)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral or Instructions and Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing documents of a Fund organizational documents, the Administration Agreement or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC receives Written Instructions to a Fund the contrary. (c) RSMC or the assets maintained hereunder. Each Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to RSMC or the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.

Appears in 3 contracts

Samples: Sub Administration and Accounting Services Agreement (Wt Mutual Fund), Sub Administration and Accounting Services Agreement (Wt Investment Trust I), Sub Administration and Accounting Services Agreement (Wt Mutual Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PNC Bank shall act only upon Oral or Instructions and Written Instructions. PFPC Trust . (b) PNC Bank shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust PNC Bank to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust PNC Bank may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Directors or of the Fund's shareholders, unless and until PNC Bank receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund agrees contrary. (c) The Custodian and the Fund, as applicable, agree to forward to PFPC Trust PNC Bank Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PNC Bank or its affiliates) so that PFPC Trust PNC Bank receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions PNC Bank shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PNC Bank shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PNC Bank's actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Sub Custodian Services Agreement (Ht Insight Funds Inc), Sub Custodian Services Agreement (Warburg Pincus Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (received, provided that in any event PFPC Trust shall be entitled to rely on such Oral Instructions transmitted by means of e-mail do not need to be so confirmed)Instructions. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral Instructions or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust's actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Provident Institutional Funds), Custodian Services Agreement (Provident Institutional Funds)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Professional Funds Distributor shall act only upon Oral Instructions or Written Instructions. PFPC Trust . (b) Professional Funds Distributor shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Professional Funds Distributor to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Professional Funds Distributor may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until Professional Funds Distributor receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Professional Funds Distributor Written Instructions confirming Oral Instructions so that PFPC Trust Professional Funds Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Professional Funds Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or Professional Funds Distributor's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, Professional Funds Distributor shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that Professional Funds Distributor's actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Wt Mutual Fund), Underwriting Agreement (Wilmington Low Volatility Fund of Funds)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust pursuant to be an Authorized Person listed on the then current Authorized Persons Appendix)this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust's ability to rely upon such Oral Instructions. If the Written Instructions differ from the Oral Instructions, any actions that PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between takes or omits based on the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that before PFPC Trust shall incur no liability has a reasonable opportunity to act on the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendixshall be valid and enforceable.

Appears in 2 contracts

Samples: Custodian Services Agreement (CRM Mutual Fund Trust), Custodian Services Agreement (CRM Mutual Fund Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust pursuant to be an Authorized Person listed on the then current Authorized Persons Appendix)this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with law, regulation, market practice, the provisions of governing organizational documents of a Fund the Fund, or this Agreement or of any vote, resolution or proceeding relating of the Fund’s Board of Trustees or of the Fund’s shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or a subsidiary of PNC Global Investment Servicing Inc.) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral received. Each confirmation is to be clearly marked “Confirmation.” Although PFPC Trust will attempt to notify the Fund if confirming Written Instructions transmitted by means of e-mail do not need conform to be so confirmed). The the Oral Instructions, the fact that such confirming Written Instructions are not timely received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s ability to rely completely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 2 contracts

Samples: Custodian Services Agreement (PNC Funds), Custodian Services Agreement (PNC Advantage Funds)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral or Instructions and Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund agrees contrary. (c) Custodian and the Fund, as applicable, agree to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral Instructions or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust's actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 2 contracts

Samples: Sub Custodian Services Agreement (Wt Mutual Fund), Sub Custodian Services Agreement (Wt Investment Trust I)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. , including standing Written Instructions related to ongoing instructions received electronically. (b) PFPC Trust shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund’s Board of Trustees or of the Fund’s Shareholders, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so (except where such Oral Instructions are given by PFPC or its affiliates) and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC’s actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Accounting Services Agreement (Highland Credit Strategies Fund), Accounting Services Agreement (Highland Funds I)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. , including standing Written Instructions related to ongoing instructions received electronically. (b) PFPC Trust shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing documents of a Fund the Trust Agreement or this Agreement or of any vote, resolution or proceeding relating of the Trust’s Board of Trustees unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) The Trust agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so (except where such Oral Instructions are given by PFPC or its affiliates) and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixTrust in acting upon such Oral Instructions or Written Instructions provided that PFPC’s actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Investor Services Agreement (Highland Capital Multi-Strategy Fund), Accounting Services Agreement (Highland Capital Multi-Strategy Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PNC Bank shall act only upon Oral or Instructions and Written Instructions. PFPC Trust . (b) PNC Bank shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust PNC Bank to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust PNC Bank may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement the Partnership or of any vote, resolution or proceeding relating of the Partnership's General Partner, Directors or Shareholders, unless and until PNC Bank receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) The Partnership agrees to forward to PFPC Trust PNC Bank Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PNC Bank or its affiliates) so that PFPC Trust PNC Bank receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall PNC Bank in no way shall invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PNC Bank shall incur no liability to the then current Authorized Persons AppendixPartnership in acting upon such Oral Instructions or Written Instructions, provided that PNC Bank's actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Congress Street Associates Lp), Custodian Services Agreement (Pw After Tax Equity Partners Lp)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributor shall act only upon Oral Instructions or Written Instructions. PFPC Trust . (b) Distributor shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Distributor to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Distributor may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing the Trust’s organizational documents of a Fund or this Agreement or of with any vote, resolution or proceeding relating of the Trust’s Board of Trustees or any Fund's shareholders, unless and until Distributor receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) The Trust agrees to forward to PFPC Trust Distributor Written Instructions confirming Oral Instructions so that PFPC Trust Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or Distributor’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, Distributor shall incur no liability to the then current Trust or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’ actions comply with the other provisions of this Agreement. (d) Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Persons AppendixPerson, Distributor shall incur no liability to the Trust or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’s actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Eii Realty Securities Trust), Underwriting Agreement (Bennett Global Funds)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust BNY Mellon shall act only upon Oral or Instructions and Written Instructions. PFPC Trust . (b) BNY Mellon shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust BNY Mellon to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust BNY Mellon may reasonably assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund’s Board of Directors or of the Fund’s shareholders, unless and until BNY Mellon receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund agrees contrary. (c) VFS agrees, as applicable, to forward to PFPC Trust BNY Mellon Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by BNY Mellon or its affiliates) so that PFPC Trust BNY Mellon receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions BNY Mellon shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, BNY Mellon shall incur no liability to VFS or the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that BNY Mellon’s actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Sub Administration Services Agreement (Virtus Stone Harbor Emerging Markets Income Fund), Sub Administration Services Agreement (Duff & Phelps Select Energy MLP Fund Inc.)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributor shall act only upon Oral Instructions or Written Instructions. PFPC Trust . (b) Distributor shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Distributor to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Distributor may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing the Trust’s organizational documents of a Fund or this Agreement or of with any vote, resolution or proceeding relating of the Trust’s Board of Trustees or any Fund’s shareholders, unless and until Distributor receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) The Trust agrees to forward to PFPC Trust Distributor Written Instructions confirming Oral Instructions so that PFPC Trust Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or Distributor’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, Distributor shall incur no liability to the then current Trust or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’ actions comply with the other provisions of this Agreement. (d) Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Persons AppendixPerson, Distributor shall incur no liability to the Trust or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’s actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Motley Fool Funds Trust), Underwriting Agreement (Motley Fool Funds Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Administrator shall act only upon Oral Instructions or Written Instructions. PFPC Trust . (b) Administrator shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Administrator to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Administrator may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Directors or of the Fund's shareholders, unless and until Administrator receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Administrator Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by Administrator or its affiliates) so that PFPC Trust Administrator receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Administrator or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or Administrator's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, Administrator shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that Administrator's actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Administration Agreement (Boulder Growth & Income Fund), Administration Agreement (Boulder Growth & Income Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's directors or of the Fund's members, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that after such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral Instructions or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust's actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Excelsior Venture Partners Iii LLC), Custodian Services Agreement (Excelsior Venture Partners Fund Iii LLC)

Instructions. A. Unless otherwise provided in this Agreement, PFPC Trust Distributor shall act only upon Oral Instructions or Written Instructions. PFPC Trust . B. Distributor shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Distributor to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Distributor may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing the Funds’ organizational documents of a Fund or this Agreement or of with any vote, resolution or proceeding relating of the Funds’ Boards of Directors or any Fund’s shareholders, unless and until Distributor receives Written Instructions to a Fund or the assets maintained hereunder. contrary. C. Each Fund agrees to forward to PFPC Trust Distributor Written Instructions confirming Oral Instructions so that PFPC Trust Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or Distributor’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, Distributor shall incur no liability to any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’ actions comply with the then current other provisions of this Agreement. D. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Persons AppendixPerson, Distributor shall incur no liability to any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’s actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Stratton Funds, Inc.), Underwriting Agreement (Stratton Multi-Cap Fund, Inc.)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributors shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust Distributors shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Distributors to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Distributors may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund’s Board of Directors or Trustees or of the Fund’s shareholders, unless and until PFPC Distributors receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Distributors Written Instructions confirming Oral Instructions so that PFPC Trust Distributors receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributors or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Distributors’ ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC Distributors shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC Distributors’ actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Wilshire Variable Insurance Trust), Underwriting Agreement (Highland Funds I)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral or Instructions and Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's directors or Members unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way shall invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly agrees to notify the Fund providing such promptly if confirming Written Instructions of any differences between the are not timely received or if they differ from such Oral Instructions. Where Oral Instructions and the confirming or Written Instructions. Each Fund further agrees that Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust's actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Morgan J P Hedge Fund Series/Alpha LLC), Custodian Services Agreement (Morgan J P Hedge Fund Series/Core LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify If the Fund providing such confirming Written Instructions of differ from the Oral Instructions, any differences between actions that PFPC takes or omits based on the Oral Instructions and before PFPC has a reasonable opportunity to act on the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendixshall be valid and enforceable.

Appears in 2 contracts

Samples: Administration and Accounting Services Agreement (CRM Mutual Fund Trust), Administration and Accounting Services Agreement (CRM Mutual Fund Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributors shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust Distributors shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Distributors to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Distributors may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC Distributors receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Distributors Written Instructions confirming Oral Instructions so that PFPC Trust Distributors receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributors or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Distributors' ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed Person, PFPC Distributors shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Distributors' actions comply with the other provisions of this Agreement. If the Written Instructions differ from the Oral Instructions, any actions that PFPC Distributors takes or omits based on the then current Authorized Persons AppendixOral Instructions before PFPC Distributors has a reasonable opportunity to act on the Written Instructions shall be valid and enforceable.

Appears in 2 contracts

Samples: Underwriting Agreement (CRM Mutual Fund Trust), Underwriting Agreement (CRM Mutual Fund Trust)

Instructions. A. Unless otherwise provided in this Agreement, PFPC Trust Distributor shall act only upon Oral Instructions or Written Instructions. PFPC Trust . B. Distributor shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Distributor to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Distributor may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing the Trust’s organizational documents of a Fund or this Agreement or of with any vote, resolution or proceeding relating of the Trust’s Board of Trustees or any Fund's shareholders, unless and until Distributor receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. C. The Trust agrees to forward to PFPC Trust Distributor Written Instructions confirming Oral Instructions so that PFPC Trust Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or Distributor’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, Distributor shall incur no liability to the then current Trust or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’ actions comply with the other provisions of this Agreement. D. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Persons AppendixPerson, Distributor shall incur no liability to the Trust or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’s actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Matthews International Funds), Underwriting Agreement (Matthews International Funds)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral or Instructions and Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating to a Fund of the Board, or the assets maintained hereunder. Each Members unless and until PFPC Trust receives Written Instructions to the contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way shall invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral Instructions or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust’s actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Pw Cypress Fund LLC), Custodian Services Agreement (Ubs Pw Technology Partners LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC SEI Trust shall act only upon Oral Instructions or Written Instructions. PFPC . (b) SEI Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC SEI Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC SEI Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Managers or of the Fund's members, unless and until SEI Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC SEI Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by SEI Trust or its affiliates) so that PFPC SEI Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)SEI Trust. The fact that such confirming Written Instructions are not received by PFPC SEI Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Instructions or SEI Trust's ability to rely upon such Oral Instructions provided that if SEI Trust shall promptly notify the Fund providing such receives confirming Written Instructions that differ from SEI Trust's understanding of any differences between the Oral Instructions and SEI Trust is in a position to correct the transaction or transactions to conform to the confirming Written Instructions. Each Fund further agrees that PFPC Instructions without assuming liability, SEI Trust shall incur no liability will reasonably attempt to make reasonable appropriate corrections to conform to the Fund Written Instructions, but in no event shall SEI assume any liability for relying upon Oral or Written Instructions provided such instructions reasonably appear its failure to have been received from an Authorized Person listed on the then current Authorized Persons Appendixdo so for any reason.

Appears in 2 contracts

Samples: Custodian Services Agreement (Bacap Alternative Mult Strategy Fund LLC), Custodian Services Agreement (Bacap Alternative Mult Strategy Fund LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust CJM Asset Management shall act only upon Oral or Instructions and Written Instructions. PFPC Trust . (b) CJM Asset Management shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust CJM Asset Management to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust CJM Asset Management may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating to a Fund of the Board or the assets maintained hereunder. Each Members, unless and until CJM Asset Management receives Written Instructions to the contrary. (c) The Fund agrees to use its best efforts to forward to PFPC Trust CJM Asset Management Written Instructions confirming Oral Instructions so and shall endeavor to ensure that PFPC Trust CJM Asset Management receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions CJM Asset Management shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, CJM Asset Management shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that CJM Asset Management's actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Administration, Accounting and Investor Services Agreement (Oxbow Fund LLC), Administration, Accounting and Investor Services Agreement (Oxbow Fund LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Autho­rized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may L:\MFApps\Docubuilder\N-1 A Filings\February 2006\GEF\C-Pages & Exhibits\Exhibit (g)(2).htm assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a any Fund or this Agreement or of with any vote, resolution or proceeding of any Fund's Board of Trustees, Board of Directors or similar governing entity or of any Fund's shareholders, unless and until PFPC receives Written Instructions relating to a particular Fund or to the assets maintained hereunder. contrary. (c) Each Fund agrees to forward to PFPC Trust Written Instructions Instruc­tions confirming Oral Instructions (except where such Oral Instructions are given by PFPC or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same New York Stock Exchange business day that such (i.e., a day on which the New York Stock Exchange is open for trading) immediately following the day on which the Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 2 contracts

Samples: Accounting Services Agreement (Strategic Partners Opportunity Funds), Accounting Services Agreement (Strategic Partners Real Estate Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's directors or of the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that after such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral Instructions or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust's actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Excelsior Private Equity Fund Ii Inc), Custodian Services Agreement (Ust Private Equity Investors Fund Inc)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust pursuant to be an Authorized Person listed on the then current Authorized Persons Appendix)this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement the Funds or of any vote, resolution or proceeding relating of the Funds' directors or of the Funds' members, unless and until PFPC Trust receives Written Instructions to a Fund the contrary, PFPC Trust has actual knowledge to the contrary, or such Oral or Written Instructions are outside the assets maintained hereunder. Each Fund agrees scope of the authority of the Authorized Person giving the instructions and the Funds have previously given PFPC Trust written notice of the relevant limitation on such Authorized Person's authority and such Oral or Written Instructions clearly exceed such Authorized Person's authority. (c) The Funds agree to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 2 contracts

Samples: Custodian Services Agreement (CSFB Alternative Capital Multi-Strategy Fund, LLC), Custodian Services Agreement (CSFB Alternative Capital Tactical Trading Institutional Fund, LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with such Oral or Written Instructions and the other provisions of this Agreement.

Appears in 2 contracts

Samples: Transfer Agency Services Agreement (Mackenzie Investment Management Inc), Transfer Agency Services Agreement (Ivy Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement the Trust or of any vote, resolution or proceeding relating of the Trust's Trustees or of the Trust's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) The Trust agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same business day that after such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC Trust shall incur no liability to the then current Authorized Persons AppendixTrust in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Hambrecht & Quist Fund Trust), Custodian Services Agreement (Hambrecht & Quist Fund Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Directors or of the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral Instructions or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust's actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Gamna Series Funds Inc), Custodian Services Agreement (Gamna Series Funds Inc)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PNC shall act only upon Oral Instructions or Written Instructions. PFPC Trust . (b) PNC shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust PNC to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust PNC may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund’s Board of Trustees or of the Fund’s shareholders, unless and until PNC receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust PNC Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PNC or its affiliates) so that PFPC Trust PNC receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust PNC or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PNC’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 2 contracts

Samples: Administration and Accounting Services Agreement (Motley Fool Funds Trust), Administration and Accounting Services Agreement (Motley Fool Funds Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust pursuant to be an Authorized Person listed on the then current Authorized Persons Appendix)this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement the Trust or of any vote, resolution or proceeding relating of the Trust's Board of Trustees or of a Fund's shareholders, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Trust on behalf of each Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 2 contracts

Samples: Custodian Services Agreement (Eip Investment Trust), Custodian Services Agreement (Eip Investment Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's directors or of the Fund's members, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral Instructions or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust's actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Gam Avalon Dinadan LLC), Custodian Services Agreement (Gam Avalon Palemedes LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Directors/Trustees or of the Fund's shareholders, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC or its affiliates) so that PFPC Trust receives the Written Instructions as promptly as practicable and in any event by the close of business on the same day that after such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Transfer Agency Services Agreement (Ust Private Equity Investors Fund Inc), Transfer Agency Services Agreement (Excelsior Private Equity Fund Ii Inc)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. , including standing Written Instructions related to ongoing instructions received electronically. (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating to a Fund of the Board of Trustees or the assets maintained hereunder. Each Fund’s Shareholders, unless and until PFPC Trust receives Written Instructions to the contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so given on behalf of the Fund (except where such Oral Instructions are given by PFPC Trust or its affiliates) and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Where Oral Instructions or Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for relying in acting upon such Oral Instructions or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on that PFPC Trust’s actions comply with the then current Authorized Persons Appendixother provisions of this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Highland Special Situations Fund II), Custodian Services Agreement (Highland Credit Strategies Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral or Instructions and Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing the Trust's organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Trust's Trustees or of the Trust's shareholders, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) The Trust agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same business day that after such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixTrust in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Administration and Accounting Services Agreement (Hambrecht & Quist Fund Trust), Administration and Accounting Services Agreement (Hambrecht & Quist Fund Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall BNY Mellon will act only upon Oral or Written Instructions. PFPC Trust . (b) BNY Mellon shall be entitled to rely upon any Oral or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust BNY Mellon to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust BNY Mellon may assume that any Oral or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing the Company’s organizational documents of a Fund or this Agreement or of with any vote, resolution or proceeding relating of the Company’s Board of Trustees or Directors or any Fund’s shareholders, unless and until BNY Mellon receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) Upon the request of BNY Mellon, the Company agrees to forward to PFPC Trust BNY Mellon Written Instructions confirming Oral Instructions so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)Instructions. The fact that such confirming Written Instructions are not received by PFPC Trust BNY Mellon or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or BNY Mellon’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written . (e) Where Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, BNY Mellon shall incur no liability to the then current Authorized Persons AppendixCompany or any Fund in acting upon such Instructions provided that BNY Mellon’s actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: State Filing Services Agreement (Sterling Capital Funds), State Filing Services Agreement (AMG Pantheon Private Equity Fund, LLC)

Instructions. Unless otherwise provided (a) JNAM shall be deemed to have received Instructions (as that term is used herein) upon receipt of written instructions (including receipt by facsimile), which may be continuing instructions, signed by one or more persons the Trustees shall have from time to time authorized to give the particular class of Instructions in this Agreementquestion. Different persons may be authorized to give Instructions for different purposes, PFPC and Instructions may be general or specific in terms. A certified copy of a bylaw, resolution or action of the Trustees of the Trust may be received and accepted by JNAM as conclusive evidence of the authority of any such persons to act and may be considered to be in full force and effect until receipt of written notice (or oral notice followed by written confirmation within seven days) to the contrary. (b) One or more designated persons may be authorized to issue oral (such term as used herein including, without limitation, telephoned) instructions, specifying the type or types of instructions that may be so issued, in which case the Trust shall act only upon Oral or Written Instructionsdeliver to JNAM resolutions of the Trustees to such effect. PFPC Trust Such oral instructions shall promptly be entitled confirmed in writing to rely upon any Oral or Written Instructions it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)JNAM. PFPC Trust may assume that any Oral or Written Instructions received hereunder are not Such instructions when given in any way inconsistent accordance with the provisions of governing documents of a Fund or this Agreement or of any vote, resolution or proceeding relating to a Fund or the assets maintained hereof and with such resolutions shall be deemed Instructions hereunder. Each Fund agrees In the case of conflict between oral Instructions given by a person designated in the resolution of the Trustees referred to forward to PFPC Trust Written in the first sentence of this subparagraph (b) and any written Instructions, the Instructions confirming Oral most recently received by JNAM shall prevail following such receipt, and in case of conflict between oral Instructions so that PFPC Trust receives the Written Instructions given by the close a person designated in such resolution and any written confirmation or purported confirmation of business on the same day that oral Instructions, such Oral Instructions are received (written confirmation or purported confirmation shall prevail following receipt thereof by JNAM; provided that Oral any transaction initiated by JNAM pursuant to such oral Instructions, may, but need not, be completed by JNAM notwithstanding JNAM’s receipt of conflicting subsequent Instructions transmitted by means hereunder or written confirmation or purported confirmation of e-mail do not need oral Instructions hereunder subsequent to be so confirmed). The fact that JNAM’s initiation of such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendixtransaction.

Appears in 2 contracts

Samples: Transfer Agency Agreement (JNL Investors Series Trust), Transfer Agency Agreement (JNL Series Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing documents of a Fund the Organizational Documents or this Agreement or of any vote, resolution or proceeding relating of a Fund's directors, Managers, General Partner, or Members, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund agrees contrary, unless PFPC has actual knowledge to the contrary. (c) CSFBAC and each Fund, as appropriate, agree to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC or its affiliates) so that PFPC Trust receives the Written Instructions as promptly as practicable and in any event by the close of business on the same day that after such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC's ability to rely upon such Oral Instructions. Without prejudice to the foregoing, where PFPC Trust is aware of a material discrepancy between Oral Instructions and confirming Written Instructions, PFPC shall promptly notify CSFBAC or the Fund providing Fund, as appropriate, of such confirming Written Instructions of any differences between the discrepancy. Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to CSFBAC or the then current Authorized Persons AppendixFund, as appropriate, in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Administration, Accounting and Investor Services Agreement (CSFB Alternative Capital Relative Value Fund, LLC), Administration, Accounting and Investor Services Agreement (CSFB Alternative Capital Long/Short Equity Institutional Fund, LLC)

Instructions. a. Unless otherwise provided in this Agreement, PFPC Trust Professional Funds Distributor shall act only upon Oral Instructions or Written Instructions. PFPC Trust . b. Professional Funds Distributor shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Professional Funds Distributor to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Professional Funds Distributor may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until Professional Funds Distributor receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. c. The Fund agrees to forward to PFPC Trust Professional Funds Distributor Written Instructions confirming Oral Instructions so that PFPC Trust Professional Funds Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Professional Funds Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or Professional Funds Distributor's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, Professional Funds Distributor shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that Professional Funds Distributor's actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Sparx Funds Trust), Underwriting Agreement (Wt Mutual Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributors shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust Distributors shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Distributors to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Distributors may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Directors or Trustees or of the Fund's shareholders, unless and until PFPC Distributors receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Distributors Written Instructions confirming Oral Instructions so that PFPC Trust Distributors receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributors or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Distributors’ ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC Distributors shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC Distributors’ actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Eii Realty Securities Trust), Underwriting Agreement (Torray Fund)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. Instructions and any other relevant information in the possession of the Administrator or the Escrow Agent that has been received by PFPC Trust. (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)in accordance with this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Directors or of the Fund's members, unless and until PFPC Trust receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so that PFPC Trust receives the Written Instructions by the close of business on the same business day following the day that such Oral Instructions are received (provided that Oral Instructions transmitted as designated by means of e-mail do not need to be so confirmed)the Fund. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust's ability to rely upon such Oral Instructions pending receipt of Written Instructions. ; provided that PFPC Trust shall promptly immediately notify the Fund providing such confirming Written Instructions and the Manager of any differences discrepancies between the any Oral Instructions and the confirming Written Instructions which purport to confirm those Oral Instructions, and indicate whether it acted in accordance with the Oral Instructions or the later Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 2 contracts

Samples: Custodian Services Agreement (J P Morgan Atlas Global Long / Short Equity Fund LLC), Custodian Services Agreement (Jp Morgan Multi-Strategy Fund LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral or Instructions and Written Instructions. Instructions including standing Written Instructions related to ongoing instructions received electronically. (b) PFPC Trust shall be entitled to rely upon any Oral or and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Company's Board of Managers or of the Company's Members, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) The Company agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so (except where such Oral Instructions are given by PFPC or its affiliates) and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixCompany in acting upon such Oral or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Administration, Accounting and Investor Services Agreement (Sawgrass Fund LLC), Administration, Accounting and Investor Services Agreement (Stratigos Fund LLC)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Administration and Accounting Services Agreement (Kalmar Pooled Investment Trust), Administration and Accounting Services Agreement (Mutual Fund Investment Trust)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributors shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust Distributors shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust Distributors to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust Distributors may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC Distributors receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Distributors Written Instructions confirming Oral Instructions so that PFPC Trust Distributors receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributors or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Distributors' ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC Distributors shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC Distributors' actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Smithgraham Institutional Funds), Underwriting Agreement (BHR Institutional Funds)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. , including standing Written Instructions related to ongoing instructions received electronically. (b) PFPC Trust shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund’s Board of Trustees or of the Fund’s Shareholders, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each Fund contrary. (c) Highland agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so (except where such Oral Instructions are given by PFPC or its affiliates) and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to Highland or the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC’s actions comply with the other provisions of this Agreement.

Appears in 2 contracts

Samples: Sub Administration Services Agreement (Highland Credit Strategies Fund), Sub Administration Services Agreement (Highland Funds I)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instructions or Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of governing organizational documents of a Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Trustees or of the Fund's shareholders, unless and until PFPC receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received (received, provided that in any event PFPC shall be entitled to rely on such Oral Instructions transmitted by means of e-mail do not need to be so confirmed)Instructions. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PFPC shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Provident Institutional Funds)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions. . (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instructions Instruction it receives from an Authorized Persons (or from a person reasonably believed by PFPC Trust pursuant to be an Authorized Person listed on the then current Authorized Persons Appendix)this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a any Fund or this Agreement or of with any vote, resolution or proceeding of any Fund’s Board of Trustees, Board of Directors or similar governing entity or of any Fund’s shareholders, unless and until PFPC Trust receives Written Instructions relating to a particular Fund or to the assets maintained hereunder. contrary. (c) Each Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same New York Stock Exchange business day that such (i.e., a day on which the New York Stock Exchange is open for trading) immediately following the day on which the Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on the then current Authorized Persons Appendix.

Appears in 1 contract

Samples: Custodian Services Agreement (Strategic Partners Mutual Funds, Inc.)

Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PNC Bank shall act only upon Oral or Instructions and Written Instructions. PFPC Trust . (b) PNC Bank shall be entitled to rely upon any Oral or Instructions and Written Instructions it receives from an Authorized Persons Person (or from a person reasonably believed by PFPC Trust PNC Bank to be an Authorized Person listed on the then current Authorized Persons Appendix)Person) pursuant to this Agreement. PFPC Trust PNC Bank may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of governing organizational documents of a the Fund or this Agreement or of any vote, resolution or proceeding relating of the Fund's Board of Directors or of the Fund's shareholders, unless and until PNC Bank receives Written Instructions to a Fund or the assets maintained hereunder. Each contrary. (c) The Fund agrees to forward to PFPC Trust PNC Bank Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PNC Bank or its affiliates) so that PFPC Trust PNC Bank receives the Written Instructions as promptly as practicable and in any event by the close of business on the same day that after such Oral Instructions are received (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed)received. The fact that such confirming Written Instructions are not received by PFPC Trust PNC Bank or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC Trust shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Where Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC Trust shall incur no liability to the Fund for relying upon Oral or Written Instructions provided such instructions reasonably appear to have been received from an Authorized Person listed on Person, PNC Bank shall incur no liability to the then current Authorized Persons AppendixFund in acting upon such Oral Instructions or Written Instructions provided that PNC Bank's actions comply with the other provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Nicholas Applegate Fund Inc)