Common use of Reliance of Custodian Clause in Contracts

Reliance of Custodian. (a) In the absence of bad faith on the part of Custodian, Custodian may conclusively rely and shall be fully protected in acting or refraining from acting upon, as to the truth of the statements and the correctness of the opinions expressed therein, any request, instruction, certificate, opinion or other document furnished to Custodian (including such items received via Electronic Transmission), reasonably believed by Custodian to be genuine and to have been signed or presented by the proper party or parties and conforming to the requirements of this Agreement; provided, however, that in the case of any Loan Document or other request, instruction, document or certificate which by any provision hereof is specifically required to be furnished to Custodian, Custodian shall be under a duty to examine the form of the same in accordance with the requirements of this Agreement.

Reliance of Custodian. (a) In the absence of bad faith on the part of the Custodian, the Custodian may conclusively rely and shall be fully protected in acting or refraining from acting uponrely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any request, instruction, certificate, opinion or other document furnished to Custodian (including such items received via Electronic Transmission)the Custodian, reasonably believed by the Custodian to be genuine and to have been signed or presented by the proper party or parties and conforming on its face to the requirements of this Custodial Agreement; provided, however, that but in the case of any Loan Document or other request, instruction, document or certificate which by any provision hereof is specifically required to be furnished to the Custodian, the Custodian shall be under a duty to examine the form of the same in accordance with the requirements of this Custodial Agreement.

Reliance of Custodian. (a) In the absence of bad faith on the part of the Custodian, the Custodian may conclusively rely and shall be fully protected in acting or refraining from acting uponrely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any request, instruction, certificate, opinion or other document furnished to Custodian (including such items received via Electronic Transmission)the Custodian, reasonably believed by the Custodian to be genuine and to have been signed or presented by the proper party or parties and conforming to the requirements of this Custodial Agreement; provided, however, that but in the case of any Mortgage Loan Document or other request, instruction, document or certificate which by any provision hereof is specifically required to be furnished to the Custodian, the Custodian shall be under a duty to examine the form of the same in accordance with the requirements of this Custodial Agreement.

Reliance of Custodian. (a) In the absence of bad faith faith, negligence or willful misconduct on the part of Custodian, Custodian may conclusively rely and shall be fully protected in acting or refraining from acting uponrely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any request, instruction, certificate, opinion opinion, notice or other document furnished to Custodian (including such items received via Electronic Transmission)Custodian, reasonably in good faith believed by Custodian to be genuine and to have been signed or presented by the proper party or parties and conforming to the requirements of this Custodial Agreement; provided, however, that but in the case of any Loan Document or other request, instruction, document or certificate which by any provision hereof is specifically required to be furnished to Custodian, Custodian shall be under a duty to examine the form of the same in accordance with the requirements of this Custodial Agreement.

Reliance of Custodian. (a) In the absence of bad faith on the part of the Custodian, the Custodian may conclusively rely and shall be fully protected in acting or refraining from acting uponrely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any request, instruction, certificate, opinion or other document furnished to Custodian (including such items received via Electronic Transmission)the Custodian, reasonably believed by the Custodian to be genuine and to have been signed or presented by the proper party or parties and conforming to the requirements of this Custodial Agreement; provided, however, that but in the case of any Loan Document or other request, instruction, document or certificate which by any provision hereof is specifically required to be furnished to the Custodian, the Custodian shall be under a duty to examine the form of the same in accordance with the requirements of this AgreementCustodial Agreement to the extent specifically set forth herein.