Common use of Instructions Clause in Contracts

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys’, accountants’, consultants’, or experts’ fees and disbursements) that you experience due to such a delay.

Appears in 58 contracts

Samples: Custodian Agreement (Alger ETF Trust), Custodian Agreement (Stone Ridge Trust), Custodian Agreement (Six Circles Trust)

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Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys', accountants', consultants', or experts' fees and disbursements) that you experience due to such a delay.

Appears in 25 contracts

Samples: Custodian Agreement (Cullen Funds Trust), Custodian Agreement (Advisors' Inner Circle Fund II), Custodian and Transfer Agent Agreement (Two Roads Shared Trust)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (InstructionsINSTRUCTIONS). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys', accountants', consultants', or experts' fees and disbursements) that you experience due to such a delay.

Appears in 22 contracts

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

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In We will work with you in good faith to arrive at an alternative means of communications in order to prevent any delay in processing your instructions. If despite such an eventefforts, a delay occurs, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys', accountants', consultants', or experts' fees and disbursements) that you experience due to such a delay.

Appears in 17 contracts

Samples: Master Custodian Agreement (DWS Variable Series I), Master Custodian Agreement (DWS Variable Series Ii), Master Custodian Agreement (DWS Variable Series Ii)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (InstructionsINSTRUCTIONS). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificatedigcertificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys', accountants', consultants', or experts' fees and disbursements) that you experience due to such a delay.

Appears in 4 contracts

Samples: Custodian Agreement (First Trust Exchange-Traded Fund V), Custodian Agreement (First Trust Exchange-Traded Fund Vii), Custodian Agreement (First Trust Exchange Traded Fund III)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements Agreement to which this Exhibit is attached. (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys’, accountants’, consultants’, or experts’ fees and disbursements) that you experience due to such a delay.

Appears in 3 contracts

Samples: Custodian Services Agreement (Consulting Group Capital Markets Funds), Custodian Services Agreement (Consulting Group Capital Markets Funds), Custodian Services Agreement (Consulting Group Capital Markets Funds)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys’, accountants’, consultants’, or experts’ fees and disbursements) that you experience due to such a delay.

Appears in 3 contracts

Samples: Custodian Agreement (NuShares ETF Trust), Custodian Agreement (United States 12 Month Oil Fund, LP), Custodian Agreement (United States 12 Month Oil Fund, LP)

Instructions. 3.1. 3.1 Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. 3.2 The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys’, accountants’, consultants’, or experts’ fees and disbursements) that you experience due to such a delay.

Appears in 3 contracts

Samples: Global Custody Agreement, Global Custody Agreement (Massmutual Select Funds), Global Custody Agreement (Massmutual Select Funds)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. (a) Instructions sent by electronic mail will not be accepted or acted upon. b. (b) You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. (c) From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys’, accountants’, consultants’, or experts’ fees and disbursements) that you experience due to such a delay.

Appears in 2 contracts

Samples: Custodian Agreement (Shelton Greater China Fund), Custodian Agreement (Taiwan Greater China Fund)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. : Instructions sent by electronic mail will not be accepted or acted upon. b. . You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. . From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys’, accountants’, consultants’, or experts’ fees and disbursements) that you experience due to such a delay.

Appears in 2 contracts

Samples: Custodian Agreement (United States Short Oil Fund, LP), Custodian Agreement (United States Heating Oil Fund, LP)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys', accountants', consultants', or experts' fees and disbursements) that you experience due solely to such a delay.

Appears in 2 contracts

Samples: Custodian Agreement (Nicholas Applegate Convertible & Income Fund), Custodian Agreement (Nicholas Applegate Convertible & Income Fund Ii)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (InstructionsINSTRUCTIONS). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificatedigcertificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. . c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys', accountants', consultants', or experts' fees and disbursements) that you experience due to such a delay.

Appears in 2 contracts

Samples: Custodian Agreement (First Trust Exchange-Traded Fund Vi), Custodian Agreement (First Trust Series Fund)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, certificate ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, finestines, obligations, or expenses of any kind (including without limitation, reasonable attorneys', accountants', consultants', or experts' fees and disbursements) that you experience due to such a delay.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (LocalShares Investment Trust)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements ("Instructions"). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificatedigcertificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys', accountants', consultants', or experts' fees and disbursements) that you experience due to such a delay.

Appears in 1 contract

Samples: Custodian Agreement (First Trust Exchange-Traded Fund Iv)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In We will work with you in good faith to arrive at an alternative means of communications in order to prevent any delay in processing your instructions. If despite such an eventefforts, a delay occurs, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys’, accountants’, consultants’, or experts’ fees and disbursements) that you experience due to such a delay.

Appears in 1 contract

Samples: Master Custodian Agreement (DWS RREEF World Real Estate & Tactical Strategies Fund, Inc.)

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Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (InstructionsINSTRUCTIONS). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys’, accountants’, consultants’, or experts’ fees and disbursements) that you experience due to such a delay.

Appears in 1 contract

Samples: Custodian Agreement (RidgeWorth Funds)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions)) . 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys', accountants', consultants', or experts' fees and disbursements) that you experience due to such a delay.

Appears in 1 contract

Samples: Custodian Agreement (Cullen Funds Trust)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, IDcertiID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys', accountants', consultants', or experts' fees and disbursements) that you experience due to such a delay.

Appears in 1 contract

Samples: Custodian Agreement (Alliancebernstein International Growth Fund Inc)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys', accountants', consultants', or experts' fees and disbursements) that you experience due to such a delay.

Appears in 1 contract

Samples: Custodian Agreement (RiverPark Commercial Real Estate Fund)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys’, accountants’, consultants, or experts’ fees and disbursements) that you experience due to such a delay.

Appears in 1 contract

Samples: Custodian Agreement (Matthews a Share Selections Fund, LLC)

Instructions. 3.1. 3.1 Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. 3.2 The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys', accountants', consultants', or experts' fees and disbursements) that you experience due to such a delay.

Appears in 1 contract

Samples: Global Custody Agreement (Oppenheimer Quest Value Fund Inc)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions( INSTRUCTIONS). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys', accountants', consultants', or experts' fees and disbursements) that you experience due to such a delay.

Appears in 1 contract

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

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys’, accountants’, consultants’, or experts’ fees and disbursements) that you experience due to such a delay.

Appears in 1 contract

Samples: Custodian Agreement (Pgim Etf Trust)

Instructions. 3.1. Proper instructions under this Schedule shall be provided as designated in the Related Agreements (Instructions). 3.2. The following additional provisions apply to Instructions provided via the Services: a. Instructions sent by electronic mail will not be accepted or acted upon. b. You authorize us to act upon Instructions received through the Services utilizing your digital certificate, ID, and/or Password as though they were duly authorized written instructions, without withoul any duty of verification or inquiry on our part, and agree to hold us harmless for any losses you experience as a result. c. From time to time, the temporary unavailability of third party telecommunications or computer systems required by the Services may result in a delay in processing Instructions. In such an event, we shall not be liable to you or any third party for any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind (including without limitation, reasonable attorneys', accountants', consultants', or experts' fees and disbursements) that you experience due to such a delay.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (LocalShares Investment Trust)

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