NDTCO Investment Powers and Duties Sample Clauses

NDTCO Investment Powers and Duties. NDTCO shall have no discretion in directing any investment in Account Holder(s) Account. Additionally, NDTCO assumes no responsibility for rendering investment advice with respect to Account Holder(s) Account(s), nor will NDTCO offer any opinion or judgment to Account Holder on matters concerning the value or suitability of any investment or proposed investment for the Account Holder(s) Account(s). Only at the Account Holder(s) instruction NDTCO shall exercise the voting rights and other shareholder rights with respect to securities in Account Holder(s) Account(s). Except to the extent required by applicable law, NDTCO shall have no duty or obligation to monitor or make Account Holder(s)or the Account Holder(s)Account Representative aware of the receipt or non-receipt of any funds payable to Account Holder(s) Account(s) with respect to any Custodial Assets in such Account (e.g., dividends, interest or other distributions) or to provide Account Holder or the Account Holder(s) Account Representative with any other information or documentation; other than pleadings, orders or official notices arising from any judicial proceeding that NDTCO may receive or become aware of with respect to such Custodial Assets. The Account Holder understands that NDTCO is acting solely as the Account Holder(s) passive third party custodian, and as such NDTCO shall have no duty to undertake any of the following action(s); the collection or enforcement of any payments or rights relating to the Account Holder(s) Custodial Assets including without limitation; any participation in any bankruptcy or receivership proceedings, foreclosures or other litigation; or the perfection or enforcement of any lien or other rights with respect to such Custodial Assets. However; if NDTCO elects and is advised by Counsel as appropriate, NDTCO reserves the right to respond and participate in any such bankruptcy or receivership proceedings, or other litigation to which NDTCO has specifically been made a party; in such a case, the Account Holder(s) agrees to indemnify and reimburse NDTCO for any action taken in good faith and upon the advice of legal counsel in connection with any matter relating to the Account Holder(s) Account(s) and any Custodial Asset(s) within said Account(s).
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