Common use of Reliance on Instruction Clause in Contracts

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration of trust, certificate of incorporation or by-laws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the Fund.

Appears in 31 contracts

Samples: Custodian Agreement (Mutual of America Investment Corp), Custodian Agreement (Alger ETF Trust), Custodian Agreement (Mutual of America Variable Insurance Portfolios, Inc.)

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Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration of trust, certificate of incorporation or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors or shareholders of the Fund.

Appears in 21 contracts

Samples: Custodian Agreement, Custodian Agreement, Custodian Agreement (World Funds Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration of trust's trust instrument, certificate of incorporation trust or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors or shareholders of the Fund.

Appears in 14 contracts

Samples: Custodian Agreement (Investment Managers Series Trust II), Custodian Agreement (Investment Managers Series Trust II), Custodian and Transfer Agent Agreement (Unified Series Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration of trustor the General Partner’s limited partnership agreement, certificate of incorporation or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors or shareholders unitholders of the FundFund or the General Partner.

Appears in 14 contracts

Samples: Custodian Agreement (United States 12 Month Natural Gas Fund, LP), Custodian Agreement (United States Brent Oil Fund, LP), Custodian Agreement (United States Natural Gas Fund, LP)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s Trust's declaration of trust, certificate of incorporation trust or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors or shareholders of the FundTrust.

Appears in 10 contracts

Samples: Custodian Agreement (BBH International Equity Portfolio), Custodian Agreement (Us Equity Portfolio), Custodian Agreement (BBH High Yield Fixed Income Portfolio)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration of trust's trust instrument, certificate of incorporation trust or by-laws or other constitutive documentdocuments, Applicable Law, or actions by the trustees, directors or shareholders of the Fund.

Appears in 8 contracts

Samples: Custodian and Transfer Agent Agreement (Advisors' Inner Circle Fund), Custodian and Transfer Agent Agreement (Advisors' Inner Circle Fund), Custodian and Transfer Agent Agreement (Advisors' Inner Circle Fund II)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the FundTrust’s declaration of trusttrust instrument, certificate of incorporation trust or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors or shareholders of any Fund of the FundTrust.

Appears in 7 contracts

Samples: Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the FundTrust’s declaration of trust, certificate of incorporation or by-laws or other constitutive documentthe Sponsor’s constituent documents, Applicable Law, or actions by the trustees, directors of the Sponsor or shareholders unitholders of the Fund.

Appears in 3 contracts

Samples: Custodian Agreement (United States Currency Funds Trust), Custodian Agreement (United States Commodity Funds Trust I), Custodian Agreement (United States Commodity Index Funds Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration of trusttrust instrument, certificate of incorporation trust or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors or shareholders of the Fund.

Appears in 3 contracts

Samples: Custodian and Transfer Agent Agreement (Metaurus Equity Component Trust), Custodian and Transfer Agent Agreement (Metaurus Equity Component Trust), Custodian and Transfer Agent Agreement (Cambria ETF Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s 's declaration of trust, certificate of incorporation trust or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors trustees or shareholders of the Fund.

Appears in 2 contracts

Samples: Custodian Agreement (Mackenzie Solutions), Custodian Agreement (Mackenzie Solutions)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s 's declaration of trust, certificate of incorporation trust or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors Board of Trustees or shareholders of the Fund.

Appears in 2 contracts

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

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is is, contrary to any provision of, the Fund’s declaration of trust, certificate of incorporation or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors or shareholders of the Fund.

Appears in 2 contracts

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

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration of trust, certificate of incorporation or by-laws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. If the Custodian has actual knowledge of a conflict with the forgoing, it shall promptly inform an officer of the Fund.

Appears in 2 contracts

Samples: Custodian Agreement (PowerShares India Exchange-Traded Fund Trust), Custodian Agreement (PowerShares India Exchange-Traded Fund Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s Trust's declaration of trust, certificate of incorporation or by-laws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the FundTrust.

Appears in 2 contracts

Samples: Custodian Agreement (CSOP ETF Trust), Custodian Agreement (Matthews International Funds)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s Funds declaration of trust, certificate of incorporation or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors or shareholders of the Fund.

Appears in 2 contracts

Samples: Custodian Agreement (Sei Institutional International Trust), Custodian Agreement (Japan Smaller Capitalization Fund Inc)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s 's declaration of trust, certificate of incorporation or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trusteesDirectors, directors or shareholders of the Fund.

Appears in 1 contract

Samples: Custodian Agreement (DWS Investors Funds, Inc.)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision ofof the Declaration of Trust, the Fund’s declaration of trust, certificate of incorporation or by-laws or other constitutive documentprospectus, Applicable Law, or actions by the trustees, directors trustees or shareholders of the FundTrust.

Appears in 1 contract

Samples: Custodian Agreement (Ameristock ETF Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the FundTrust’s declaration of trust, certificate of incorporation or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors trustees or shareholders of the FundFunds.

Appears in 1 contract

Samples: Conforming Custodian Agreement (GMO Series Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s 's declaration of trust, certificate of incorporation or by-laws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the Fund or Applicable law pertaining to the Fund or the Fund's Investments.

Appears in 1 contract

Samples: Custodian Agreement (Alliancebernstein International Growth Fund Inc)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, ; the Fund’s declaration of trust, certificate of incorporation or by-laws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the Fund.

Appears in 1 contract

Samples: Custodian Agreement (Javelin Exchange-Traded Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration of trust, certificate of incorporation limited partnership agreement or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors or shareholders General Partner of the Fund.

Appears in 1 contract

Samples: Custodian Agreement (SEI Structured Credit Fund, LP)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration of trusttrust instrument, certificate of incorporation trust or by-laws or other constitutive documentdocuments, Applicable Law, or actions by the trustees, directors or shareholders of the Fund.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (EntrepreneurShares Series Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s 's declaration of trust, certificate of incorporation or by-laws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. Notwithstanding the foregoing, the Custodian shall in no event be required to take any action which is in contravention of any applicable law, rule or regulation or any order or judgment of any court of competent jurisdiction.

Appears in 1 contract

Samples: Custodian Agreement (Esoterica Thematic ETF Trust)

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Reliance on Instruction. Action by the Custodian or the Subcustodian a Sub-Custodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration Trust Agreement of trustthe Trust, certificate of incorporation or by-laws or other constitutive document, Applicable Lawapplicable law, or actions by the trustees, directors or shareholders owners of the a Fund.

Appears in 1 contract

Samples: Custody Agreement (Brookshire Raw Materials (U.S.) Energy USD Fund)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the FundTrust’s declaration of trust, certificate of incorporation or by-laws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the FundFunds.

Appears in 1 contract

Samples: Custodian Agreement (Capitol Series Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration Declaration of trustTrust, certificate of incorporation or by-laws or other constitutive documentprospectus, Applicable Law, or actions by the trustees, directors trustees or shareholders of the FundTrust.

Appears in 1 contract

Samples: Custodian Agreement (Ameristock ETF Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the FundTrust’s declaration of trust, certificate of incorporation or by-laws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the Fund.

Appears in 1 contract

Samples: Custodian Agreement (Quaker Investment Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's or the General Partner’s declaration of trustlimited partnership agreement, certificate of incorporation or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors or shareholders unitholders of the FundFund or the General Partner.

Appears in 1 contract

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

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the FundTrust’s declaration certificate of trust, certificate declaration of incorporation trust or by-laws or other constitutive document, Applicable Lawlaws, or actions by the trustees, directors trustees of the Trust or shareholders of the Fund.

Appears in 1 contract

Samples: Custodian Agreement (Burnham Investors Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration of trust, certificate of incorporation trust or by-laws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the Fund.

Appears in 1 contract

Samples: Custodian Agreement (USCF ETF Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s 's declaration of trust, certificate of incorporation trust or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors Board or shareholders of the Fund.

Appears in 1 contract

Samples: Custodian Agreement (AIM ETF Products Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian a subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration of trust's trust instrument, certificate of incorporation trust or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors or shareholders of the Fund.

Appears in 1 contract

Samples: Limited Purpose Tri Party Custodian Agreement (Vertical Capital Income Fund)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s Portfolio's declaration of trust, certificate of incorporation or by-laws or other constitutive documentlaws, Applicable Law, or actions by the trustees, directors or shareholders of the FundPortfolio.

Appears in 1 contract

Samples: Custodian Agreement (Dow Jones Islamic Market Index Portfolio)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s 's declaration of trust, certificate of incorporation or by-laws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the Trust or the Fund.

Appears in 1 contract

Samples: Custodian Agreement (RiverPark Commercial Real Estate Fund)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration of trusttrust instrument, certificate of incorporation trust or by-laws or other constitutive documentlaws, Applicable Law, Law or actions by the trustees, directors Board or shareholders of the Fund. Notwithstanding the foregoing, the Custodian shall in no event be required to take any action which is in contravention of any applicable law, rule or regulation or any order or judgment of any court of competent jurisdiction.

Appears in 1 contract

Samples: Custodian Agreement (Pgim Etf Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the FundTrust’s declaration of trust, certificate of incorporation or by-laws or other constitutive document, Applicable Law, or actions by the trustees, directors Board or shareholders of the FundTrust.

Appears in 1 contract

Samples: Custodian Agreement (NuShares ETF Trust)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration Trust Agreement of trustthe Trust, certificate of incorporation or by-laws or other constitutive document, Applicable Lawapplicable law, or actions by the trustees, directors or shareholders owners of the a Fund.

Appears in 1 contract

Samples: Custody Agreement (Brookshire Raw Materials (U.S.) Metals CDN Fund)

Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund’s declaration of trust, certificate of incorporation or by-laws or other constitutive document, Applicable Law, or actions by the trustees, directors trustees or shareholders of the Trust or a Fund.

Appears in 1 contract

Samples: Custodian Agreement (Riverpark Funds Trust)

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