Common use of Reliance on Instructions Clause in Contracts

Reliance on Instructions. The Custodian shall be entitled to rely upon any Instruction, notice or other instrument in writing received by the Custodian and reasonably believed by the Custodian to be genuine and to be signed by an Authorized Person of the Series. Where the Custodian is issued Instructions orally, the Series acknowledge that if written confirmation is requested, the validity of the transactions or enforceability of the transactions authorized by the Series shall not be affected if such confirmation is not received or is contrary to oral Instructions given. The Custodian shall be fully protected in acting in accordance with all such Instructions and in failing to act in the absence thereof. The Custodian shall be under no duty to question any direction of an Authorized Person with respect to the portion of the account over which such Authorized Person has authority, to review any property held in the account, to make any suggestions with respect to the investment and reinvestment of the Assets in the account, or to evaluate or question the performance of any Authorized Person. The Custodian shall not be responsible or liable for any diminution of value of any Assets held by the Custodian or its subcustodians pursuant to Instructions. In following Instructions, the Custodian shall be fully protected and shall not be liable for the acts or omissions of any person or entity not selected or retained by the Custodian in its sole discretion, including but not limited to, any broker-dealer or other entity designated by the Fund or Authorized Person to hold Assets of the account as collateral or otherwise pursuant to an investment strategy.

Appears in 42 contracts

Samples: Mutual Fund Custody and Services Agreement (Ivy Variable Insurance Portfolios), Mutual Fund Custody and Services Agreement (Ivy Funds), Mutual Fund Custody and Services Agreement (Delaware Investments National Municipal Income Fund)

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Reliance on Instructions. The Custodian shall be entitled to rely upon any Instruction, notice or other instrument in writing received by the Custodian and reasonably believed by the Custodian to be genuine and to be signed by an officer or Authorized Person of the Series. Where the Custodian is issued Instructions orally, the Series acknowledge that if written confirmation is requested, the validity of the transactions or enforceability of the transactions authorized by the Series shall not be affected if such confirmation is not received or is contrary to oral Instructions given. The Custodian shall be fully protected in acting in accordance with all such Instructions and in failing to act in the absence thereof. The Custodian shall be under no duty to question any direction of an Authorized Person with respect to the portion of the account over which such Authorized Person has authority, to review any property held in the account, to make any suggestions with respect to the investment and reinvestment of the Assets assets in the account, or to evaluate or question the performance of any Authorized Person. The Custodian shall not be responsible or liable for any diminution of value of any Assets securities or other property held by the Custodian or its subcustodians pursuant to Instructions. In following Instructions, the Custodian shall be fully protected and shall not be liable for the acts or omissions of any person or entity not selected or retained by the Custodian in its sole discretion, including but not limited to, any broker-dealer or other entity designated designed by the Fund or Authorized Person to hold Assets property of the account as collateral or otherwise pursuant to an investment strategy.

Appears in 7 contracts

Samples: Custody Agreement (American Independence Funds Trust), Custody Agreement (American Independence Funds Trust), Custody Agreement (American Independence Funds Trust)

Reliance on Instructions. The Custodian shall be entitled to rely upon any Instruction, notice or other instrument in writing received by the Custodian and reasonably believed by the Custodian to be genuine and to be signed by an officer or Authorized Person of the SeriesFund. Where the Custodian is issued Instructions orally, the Series Fund acknowledge that if written confirmation is requested, the validity of the transactions or enforceability of the transactions authorized by the Series Fund shall not be affected if such confirmation is not received or is contrary to oral Instructions given. The Custodian shall be fully protected in acting in accordance with all such Instructions and in failing to act in the absence thereof. The Custodian shall be under no duty to question any direction of an Authorized Person with respect to the portion of the account over which such Authorized Person has authority, to review any property held in the account, to make any suggestions with respect to the investment and reinvestment of the Assets assets in the account, or to evaluate or question the performance of any Authorized Person. The Custodian shall not be responsible or liable for any diminution of value of any Assets securities or other property held by the Custodian or its subcustodians pursuant to Instructions. In following Instructions, the Custodian shall be fully protected and shall not be liable for the acts or omissions of any person or entity not selected or retained by the Custodian in its sole discretion, including but not limited to, any broker-dealer or other entity designated designed by the Fund or Authorized Person to hold Assets property of the account as collateral or otherwise pursuant to an investment strategy.

Appears in 6 contracts

Samples: Mutual Fund Custody and Services Agreement (Gabelli Go Anywhere Trust), Mutual Fund Custody and Services Agreement (Gabelli Global Healthcare & WellnessRx Trust), Mutual Fund Custody and Services Agreement (Gabelli SRI Fund, Inc.)

Reliance on Instructions. (a) The Custodian shall accept and shall be entitled to rely fully protected if it relies upon any Instruction, notice or other instrument the instructions actually received and given in writing or as otherwise provided by this Section by any authorized officer, employee, or agent of the Investment Advisor, and all authorizations shall remain in full force and effect until cancelled or superseded by subsequent instructions received by the appropriate account officer of the Custodian. The authorized officers, employees, or agents of the Investment Advisor shall be only such persons as are authorized by corporate resolution of the Investment Advisor duly certified in writing to the Custodian and reasonably believed by the Investment Advisor’s Secretary. The Custodian may rely on instructions received by generally accepted methods of transmission acceptable to be genuine and the Custodian that the Custodian believes in good faith to be signed have been given by an Authorized Person of authorized person. The Custodian may also rely on instructions transmitted electronically through the Series. Where Asset Management System (“AMS”) or a customer data entry system or any similar electronic instruction system acceptable to the Custodian is issued Instructions orally, the Series acknowledge that if written confirmation is requested, the validity of the transactions or enforceability of the transactions authorized by the Series shall not be affected if such confirmation is not received or is contrary to oral Instructions givenCustodian. The Custodian shall have no responsibility to assure that the instructions of the Investment Advisor either conform to the Participation Agreement or require actions to be fully protected in acting in accordance with all such Instructions and in failing to act in the absence thereoftaken which are authorized by law. The Custodian shall be under incur no duty to question any direction of an Authorized Person with respect to the portion of the account over which such Authorized Person has authority, to review any property held in the account, to make any suggestions with respect to the investment and reinvestment of the Assets in the account, or to evaluate or question the performance liability as a result of any Authorized Person. The Custodian shall not be responsible act or liable for any diminution of value of any Assets held by the Custodian or its subcustodians pursuant to Instructions. In following Instructions, the Custodian shall be fully protected and shall not be liable for the acts or omissions of any person or entity not selected or retained omission by the Custodian in accordance with instructions on which the Custodian is authorized to rely pursuant to the provisions of this Section 7.5. (b) In the absence of bad faith or gross negligence on its sole discretionpart, including but not limited tothe Custodian may conclusively rely, any broker-dealer or other entity designated by as to the Fund or Authorized Person to hold Assets truth and correctness of the account as collateral statements expressed in notices, certificates, or otherwise pursuant documents submitted to an investment strategyit, and the Custodian need not investigate any fact or matter stated in any such notice, certificate, or document submitted to it or verify the accuracy of the contents thereof.

Appears in 4 contracts

Samples: Participation Agreement, Participation Agreement, Participation Agreement

Reliance on Instructions. (a) The Custodian shall accept and shall be entitled to rely fully protected if it relies upon any Instruction, notice or other instrument the instructions actually received and given in writing or as otherwise provided by this Section by any authorized officer, employee or agent of the Investment Advisor, and all authorizations shall remain in full force and effect until cancelled or superseded by subsequent instructions received by the appropriate account officer of the Custodian. The authorized officers, employees or agents of the Investment Advisor shall be only such persons as are authorized by corporate resolution of the Investment Advisor duly certified in writing to the Custodian and reasonably believed by the Investment Advisor’s Secretary. The Custodian may rely on instructions received by generally accepted methods of transmission acceptable to be genuine and the Custodian which the Custodian believes in good faith to be signed have been given by an Authorized Person of authorized person. The Custodian may also rely on instructions transmitted electronically through the Series. Where Asset Management System (“AMS”) or a customer data entry system or any similar electronic instruction system acceptable to the Custodian is issued Instructions orally, the Series acknowledge that if written confirmation is requested, the validity of the transactions or enforceability of the transactions authorized by the Series shall not be affected if such confirmation is not received or is contrary to oral Instructions givenCustodian. The Custodian shall have no responsibility to assure that the instructions of the Investment Advisor either conform to the Participation Agreement or require actions to be fully protected in acting in accordance with all such Instructions and in failing to act in the absence thereoftaken which are authorized by law. The Custodian shall be under incur no duty to question any direction of an Authorized Person with respect to the portion of the account over which such Authorized Person has authority, to review any property held in the account, to make any suggestions with respect to the investment and reinvestment of the Assets in the account, or to evaluate or question the performance liability as a result of any Authorized Person. The Custodian shall not be responsible act or liable for any diminution of value of any Assets held by the Custodian or its subcustodians pursuant to Instructions. In following Instructions, the Custodian shall be fully protected and shall not be liable for the acts or omissions of any person or entity not selected or retained omission by the Custodian in accordance with instructions on which the Custodian is authorized to rely pursuant to the provisions of this Section 7.5. (b) In the absence of bad faith or gross negligence on its sole discretionpart, including but not limited tothe Custodian may conclusively rely, any broker-dealer or other entity designated by as to the Fund or Authorized Person to hold Assets truth and correctness of the account as collateral statements expressed in notices, certificates or otherwise pursuant documents submitted to an investment strategyit, and the Custodian need not investigate any fact or matter stated in any such notice, certificate or document submitted to it or verify the accuracy of the contents thereof.

Appears in 2 contracts

Samples: Participation Agreement, Participation Agreement

Reliance on Instructions. The Custodian shall be entitled to rely upon any Instruction, notice or other instrument in writing received by the Custodian and reasonably believed by the Custodian to be genuine and to be signed by an officer or Authorized Person of the Series. Where the Custodian is issued Instructions orally, the Series acknowledge that if written confirmation is requested, the validity of the transactions or enforceability of the transactions authorized by the Series shall not be affected if such confirmation is not received or is contrary to oral Instructions given. The Custodian shall be fully protected in acting in accordance with all such Instructions and in failing to act in the absence thereof. The Custodian shall be under no duty to question any direction of an Authorized Person with respect to the portion of the account over which such Authorized Person has authority, to review any property held in the account, to make any suggestions with respect to the investment and reinvestment of the Assets assets in the account, or to evaluate or question the performance of any Authorized Person. The Custodian shall not be responsible or liable for any diminution of value of any Assets securities or other property held by the Custodian or its subcustodians pursuant to Instructions. In following Instructions, the Custodian shall be fully protected and shall not be liable for the acts or omissions of any person or entity not selected or retained by the Custodian in its sole discretion, including but not limited to, any broker-dealer or other entity designated designed by the Fund either Trust or Authorized Person to hold Assets property of the account as collateral or otherwise pursuant to an investment strategy.

Appears in 2 contracts

Samples: Mutual Fund Custody and Services Agreement (Allianz Variable Insurance Products Trust), Custody Agreement (Allianz Variable Insurance Products Fund of Funds Trust)

Reliance on Instructions. The Custodian shall will be entitled to rely upon on any Instructionwritten instructions received via S.W.I.F.T., notice tested telex, letter, facsimile transmission, or other instrument method or system specified by Custodian as available for use in writing received by the connection with this Agreement and which Custodian and reasonably believed by the Custodian believes to be genuine and delivered by any person, whether or not an officer or employee of Secured Party or Pledgor, duly authorized by Secured Party or Pledgor, respectively, to give written instructions on behalf of Secured Party or Pledgor, such persons to be signed designated in a Certificate of Authorized Persons which contains a specimen signature of such person (“Authorized Person”). If Custodian receives written instructions which appear on their face to have been transmitted via (i) computer facsimile, email, the Internet or other insecure electronic method, or (ii) secure electronic transmission containing applicable authorization codes, passwords and/or authentication keys, Secured Party and Pledgor each understands and agrees that Custodian cannot determine the identity of the actual sender of such written instructions and that Custodian shall conclusively presume that such written instructions have been sent by an Authorized Person of the SeriesPerson. Where the Custodian is issued Instructions orally, the Series acknowledge that if written confirmation is requested, the validity of the transactions or enforceability of the transactions authorized by the Series shall not be affected if such confirmation is not received or is contrary to oral Instructions given. The Custodian Secured Party and Pledgor shall be fully protected in acting in accordance responsible for ensuring that only its Authorized Persons transmit such written instructions to Custodian and that all of its Authorized Persons treat applicable user and authorization codes, passwords and/or authentication keys with all such Instructions and in failing to act in the absence thereofextreme care. The Custodian shall be under no duty to question any direction of an Authorized Person with respect to the portion of the account over which such Authorized Person has authority, to review any property held in the account, to make any suggestions with respect to the investment and reinvestment of the Assets in the account, or to evaluate or question the performance of any Authorized Person. The Custodian shall not be responsible required to verify the occurrence of an Event of Default, or liable for any diminution of value whether the type or amount of any Assets held by investment property transferred to the Custodian or its subcustodians pursuant Account from time to Instructions. In following Instructions, time comply with Pledgor’s obligations under the Custodian shall be fully protected and shall not be liable for the acts or omissions of any person or entity not selected or retained by the Custodian in its sole discretion, including but not limited to, any broker-dealer or other entity designated by the Fund or Authorized Person to hold Assets of the account as collateral or otherwise pursuant to an investment strategyTransaction Documents.

Appears in 2 contracts

Samples: Account Control Agreement (Advent Claymore Convertible Securities & Income Fund II), Account Control Agreement (Advent Claymore Convertible Securities & Income Fund)

Reliance on Instructions. The Custodian shall be entitled to rely upon any Instruction, notice or other instrument in writing received by the Custodian and reasonably believed by the Custodian to be genuine and to be signed by an Authorized Person of the SeriesFund. Where the Custodian is issued Instructions orally, the Series acknowledge Fund acknowledges that if written confirmation is requested, the validity of the transactions or enforceability of the transactions authorized by the Series Fund shall not be affected if such confirmation is not received or is contrary to oral Instructions given. The Custodian shall be fully protected in acting in accordance with all such Instructions and in failing to act in the absence thereof. The Custodian shall be under no duty to question any direction of an Authorized Person with respect to the portion of the account over which such Authorized Person has authority, to review any property held in the account, to make any suggestions with respect to the investment and reinvestment of the Assets in the account, or to evaluate or question the performance of any Authorized Person. The Custodian shall not be responsible or liable for any diminution of value of any Assets held by the Custodian or its subcustodians pursuant to Instructions. In following Instructions, the Custodian shall be fully protected and shall not be liable for the acts or omissions of any person or entity not selected or retained by the Custodian in its sole discretion, including but not limited to, any broker-dealer or other entity designated by the Fund or Authorized Person to hold Assets of the account as collateral or otherwise pursuant to an investment strategy.

Appears in 1 contract

Samples: Mutual Fund Custody and Services Agreement (Lincoln National Variable Annuity Fund A)

Reliance on Instructions. The Custodian shall not be entitled to rely upon responsible in any Instruction, notice or other instrument in writing received by respect for the Custodian and reasonably believed by the Custodian to be genuine and to be signed by an Authorized Person administration of the SeriesCustodial Agreement except as provided for herein. Where The Custodian shall make such payments or distributions from the Participant’s Accumulation Account to or for the use of such persons, at such times, in such amounts and in such form as such Recordkeeper, upon receiving instructions from the Participant or Beneficiary(ies), shall from time to time direct. The Custodian is issued Instructions orally, the Series acknowledge that if written confirmation is requested, the validity of the transactions or enforceability of the transactions authorized by the Series shall not be affected if liable for any such confirmation payment or distribution made pursuant to any such direction and shall have no duty to determine whether any distribution is not received in accordance with the terms of the Custodial Agreement or Applicable Law. The Custodian shall act only in response to requests, directions, orders, certifications and instructions from the Recordkeeper. All requests, directions, orders, certifications, and instructions to the Recordkeeper shall be in writing or such other form as is contrary acceptable to oral Instructions giventhe Recordkeeper and shall be given by the Participant or by such other person or persons as may be designated from time to time by the Participant. The Custodian shall be fully protected in acting in accordance with all such Instructions requests, directions, orders, certifications, and instructions as provided by the Recordkeeper. The Custodian may rely on any instructions or other communications that it reasonably believes are given by the Recordkeeper. The Custodian shall have no duty to advise any person of the investment, tax or other consequences resulting from that person’s actions or inactions, or of its own actions in following the directions of the Recordkeeper, or its failing to act in the absence thereof. The Custodian shall be under no duty to question any direction of an Authorized Person with respect to the portion of the account over which such Authorized Person has authority, to review any property held in the account, to make any suggestions with respect to the investment and reinvestment of the Assets in the account, or to evaluate or question the performance of any Authorized Person. The Custodian shall not be responsible or liable for any diminution of value of any Assets held by the Custodian or its subcustodians pursuant to Instructions. In following Instructions, the Custodian shall be fully protected and shall not be liable for the acts or omissions of any person or entity not selected or retained by the Custodian in its sole discretion, including but not limited to, any broker-dealer or other entity designated by the Fund or Authorized Person to hold Assets of the account as collateral or otherwise pursuant to an investment strategydirections.

Appears in 1 contract

Samples: Individual 403(b) Custodial and Recordkeeping Agreement

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Reliance on Instructions. The Custodian shall be entitled to rely upon ------------------------ any Instruction, notice or other instrument in writing received by the Custodian and reasonably believed by the Custodian to be genuine and to be signed by an Authorized Person of the Series. Where the Custodian is issued Instructions orally, the Series acknowledge that if written confirmation is requested, the validity of the transactions or enforceability of the transactions authorized by the Series shall not be affected if such confirmation is not received or is contrary to oral Instructions given. The Custodian shall be fully protected in acting in accordance with all such Instructions and in failing to act in the absence thereof. The Custodian shall be under no duty to question any direction of an Authorized Person with respect to the portion of the account over which such Authorized Person has authority, to review any property held in the account, to make any suggestions with respect to the investment and reinvestment of the Assets in the account, or to evaluate or question the performance of any Authorized Person. The Custodian shall not be responsible or liable for any diminution of value of any Assets held by the Custodian or its subcustodians pursuant to Instructions. In following Instructions, the Custodian shall be fully protected and shall not be liable for the acts or omissions of any person or entity not selected or retained by the Custodian in its sole discretion, including but not limited to, any broker-dealer or other entity designated by the Fund or Authorized Person to hold Assets of the account as collateral or otherwise pursuant to an investment strategy.

Appears in 1 contract

Samples: Mutual Fund Custody and Services Agreement (Lincoln Variable Insurance Products Trust)

Reliance on Instructions. The Custodian shall be entitled Trustee is authorized to accept and rely upon all written instructions given by one or more officers, employees or agents of Grantor and Beneficiary authorized by or in accordance with the resolutions delivered to Trustee which authorized the opening of the Trust Account (each such officer, employee or agent, or combination of officers, employees and agents, is hereinafter referred to as an “Authorized Officer”), including without limitation, instructions to sell, assign, transfer, deliver or purchase Assets for the Trust Account in connection with a securities transaction. 2.5.1. The Trustee may rely on any Instructioninstructions bearing or purporting to bear the facsimile signature of any of the individuals designated as an Authorized Officer pursuant to the resolutions described above, notice regardless of or by whom or by what means the actual or purported facsimile signature or signatures thereon may have been affixed thereto if such facsimile signature or signatures resemble the facsimile specimens from time to time furnished to Trustee by any of such Authorized Officers. 2.5.2. The Trustee may rely on instructions received by telephone, telex, TWX, facsimile transmission, bank wire or other instrument teleprocess acceptable to it which Trustee believes in writing received by the Custodian and reasonably believed by the Custodian good faith, absent its negligence or willful misconduct, to be genuine and to be signed have been given by an Authorized Person Officer or which are transmitted with proper testing or authentication pursuant to terms and conditions which Trustee may specify. 2.5.3. Trustee may also rely on instructions transmitted electronically through any electronic instruction system acceptable to Trustee. 2.5.4. Trustee shall incur no liability to the Grantor or Beneficiary or otherwise as a result of any act or omission by Trustee in accordance with the Seriesinstructions on which Trustee is authorized to rely pursuant to the provisions of this section. 2.5.5. Where Any instructions delivered to Trustee by telephone shall promptly thereafter be confirmed in writing by an Authorized Officer, but Trustee will incur no liability for the Custodian is issued Instructions orallyGrantor’s or Beneficiary’s failure to send such confirmation in writing, or the Series acknowledge that if failure of any such written confirmation is requestedto conform to the telephone instructions which Trustee received, in the validity absence of negligence on the transactions part of Trustee. 2.5.6. Unless otherwise expressly provided, all authorizations and instructions shall continue in full force and effect until canceled or enforceability of the transactions authorized superseded by the Series shall not be affected if such confirmation is not subsequent instructions received or is contrary to oral Instructions givenby Trustee. 2.5.7. The Custodian Grantor and Beneficiary agree that test arrangements, authentication methods and/or other security devices to be used with respect to instructions which Grantor and Beneficiary may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be fully protected processed in accordance with terms and conditions for the use of such arrangements, methods or devices as Trustee may put into effect and modify from time to time. Grantor and Beneficiary shall safeguard any test keys, identification codes or other security devices which Trustee makes available to Grantor and Beneficiary and agree that Grantor and Beneficiary shall be responsible for any losses, liability or damage incurred by Trustee as a result, of Trustee’s acting in accordance with all instructions from any unauthorized person using the proper security device, provided that such Instructions person did not obtain such security device solely as a result of Trustee’s negligence or willful misconduct. Trustee may electronically record, but shall not be obligated to so record, any instructions given by telephone and in failing to act in the absence thereof. The Custodian shall be under no duty to question any direction of an Authorized Person other telephone discussions with respect to the portion Trust Account. If Grantor and Beneficiary use any electronic communications or information system, Grantor and Beneficiary agree that Trustee is not responsible for the consequences of the account over which failure to perform, for any reason of any communications carrier, utility, communications network or the failure to perform for any reason of communications or computer equipment. If such Authorized Person has authoritya system is inoperable, Grantor and Beneficiary agree to review any property held in notify Trustee immediately, and Trustee agrees that it will accept the accountcommunication of transaction instructions by telephone, facsimile transmission or equipment compatible to make any suggestions with respect Trustee’s facsimile receiving equipment or by letter, at no additional charge to the investment and reinvestment of the Assets in the account, or to evaluate or question the performance of any Authorized Person. The Custodian shall not be responsible or liable for any diminution of value of any Assets held by the Custodian or its subcustodians pursuant to Instructions. In following Instructions, the Custodian shall be fully protected and shall not be liable for the acts or omissions of any person or entity not selected or retained by the Custodian in its sole discretion, including but not limited to, any broker-dealer or other entity designated by the Fund or Authorized Person to hold Assets of the account as collateral or otherwise pursuant to an investment strategyGrantor.

Appears in 1 contract

Samples: Reinsurance Trust Agreement (Eastern Insurance Holdings, Inc.)

Reliance on Instructions. The Custodian shall be entitled to rely upon any Instruction, notice or other instrument in writing received by the Custodian and reasonably believed by the Custodian to be genuine and to be signed by an Authorized Person of the Series. Where the Custodian is issued Instructions orally, the Series acknowledge that if written confirmation is requested, the validity of the transactions or enforceability of the transactions authorized by the Series shall not be affected if such confirmation is not received or is contrary to oral Instructions given. The Subject to its duty to exercise reasonable care in the performance of its duties under this Agreement, the Custodian shall be fully protected in acting in accordance with all such Instructions and in failing to act in the absence thereofInstructions. The Custodian shall be under no duty to question any direction of an Authorized Person with respect to the portion of the account over which such Authorized Person has authority, to review any property held in the account, to make any suggestions with respect to the investment and reinvestment of the Assets assets in the account, or to evaluate or question the performance of any Authorized Person. The Custodian shall not be responsible or liable for any diminution of value of any Assets securities or other property held by the Custodian or its subcustodians pursuant to Instructions. In following Instructions, the Custodian shall be fully protected and shall not be liable for the acts or omissions of any person or entity not selected or retained by the Custodian in its sole discretion, including but not limited to, any broker-dealer or other entity designated by the Fund or Authorized Person to hold Assets of the account as collateral or otherwise pursuant to an investment strategy.

Appears in 1 contract

Samples: Custody Agreement (Northwestern Mutual Series Fund Inc)

Reliance on Instructions. The Custodian shall be entitled to rely upon any Instruction, notice or other instrument in writing received by the Custodian and reasonably believed by the Custodian to be genuine and to be signed by an Authorized Person of the Series. Where the Custodian is issued Instructions orally, the Series acknowledge acknowledges that if written confirmation is requested, the validity of the transactions or enforceability of the transactions authorized by the Series shall not be affected if such confirmation is not received or is contrary to oral Instructions given; provided that such oral Instructions reasonably appear to be genuine and to have been received from an Authorized Person. The Custodian shall be fully protected in acting in accordance with all such Instructions and in failing to act in the absence thereof. The Custodian shall be under no duty to question any direction of an Authorized Person with respect to the portion of the account over which such Authorized Person has authority, to review any property held in the account, to make any suggestions with respect to the investment and reinvestment of the Assets in the account, or to evaluate or question the performance of any Authorized Person. The Custodian shall not be responsible or liable for any diminution of value of any Assets Securities or other property held by the Custodian or its subcustodians pursuant to Instructions. In following Instructions, the Custodian shall be fully protected and shall not be liable for the acts or omissions of any person or entity not selected or retained by the Custodian in its sole discretion, including but not limited to, any broker-dealer or other entity designated by the Fund or Authorized Person to hold Assets property of the account as collateral or otherwise pursuant to an investment strategy.

Appears in 1 contract

Samples: Mutual Fund Custody and Services Agreement (Manning & Napier Fund, Inc /Ny/)

Reliance on Instructions. The Custodian shall be entitled to rely upon ------------------------ any Instruction, notice or other instrument in writing received by the Custodian and reasonably believed by the Custodian to be genuine and to be signed by an Authorized Person of the Series. Where the Custodian is issued Instructions orally, the Series 11 Lincoln Advisors Trust acknowledge that if written confirmation is requested, the validity of the transactions or enforceability of the transactions authorized by the Series shall not be affected if such confirmation is not received or is contrary to oral Instructions given. The Custodian shall be fully protected in acting in accordance with all such Instructions and in failing to act in the absence thereof. The Custodian shall be under no duty to question any direction of an Authorized Person with respect to the portion of the account over which such Authorized Person has authority, to review any property held in the account, to make any suggestions with respect to the investment and reinvestment of the Assets in the account, or to evaluate or question the performance of any Authorized Person. The Custodian shall not be responsible or liable for any diminution of value of any Assets held by the Custodian or its subcustodians pursuant to Instructions. In following Instructions, the Custodian shall be fully protected and shall not be liable for the acts or omissions of any person or entity not selected or retained by the Custodian in its sole discretion, including but not limited to, any broker-dealer or other entity designated by the Fund or Authorized Person to hold Assets of the account as collateral or otherwise pursuant to an investment strategy.

Appears in 1 contract

Samples: Mutual Fund Custody and Services Agreement (Lincoln Advisors Trust)

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