Common use of Right to Receive Advice Clause in Contracts

Right to Receive Advice. a. If Wachovia shall be in doubt as to any action it may take or omit to take, it may request, and shall receive, from the Fund clarification or advice. If Wachovia shall be in doubt as to any question of law involved in any action it may take or omit to take, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund or Wachovia, at the option of Wachovia). If Wachovia receives conflicting advice from the Fund and from counsel of its choosing, provided that Wachovia has so notified the Fund, Wachovia shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits to do in good faith in conformity with this advice. b. Wachovia shall be protected in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reliance on any directions or advice received pursuant to subparagraph (a) of this Paragraph 26 which Wachovia, after receipt of any directions or advice, in good faith believes to be consistent with these directions or advice. However, nothing in this Paragraph shall be construed as imposing upon Wachovia any obligation (i) to seek directions or advice, or (ii) to act in accordance with directions or advice when received, unless, under the terms or another provision of this Agreement, the same is a condition to Wachovia’s properly taking or omitting to take action. Nothing in this subparagraph shall excuse Wachovia when an action or omission on the part of Wachovia constitutes willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreement.

Right to Receive Advice. a. If Wachovia shall be in doubt as to any action it may take or omit to take, it may request, and shall receive, clarification from the Fund clarification or adviceCustomer. If Wachovia shall be in doubt as to any question of law involved in any action it may take or omit to taketake in connection with Customer's Accounts, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund Customer or Wachovia, at the option of Wachovia). If Wachovia receives conflicting advice from the Fund and from counsel of its choosing, provided that Wachovia has so notified the Fund, Wachovia shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits to do in good faith in conformity with this advice. b. Wachovia shall be protected in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reliance on any directions or advice received pursuant to subparagraph (a) of this Paragraph 26 which Wachovia, after receipt of any directions or advice, in good faith believes to be consistent with these directions or advice. However, nothing in this Paragraph shall be construed as imposing upon Wachovia any obligation (i) to seek directions or advice, ; or (ii) to act in accordance with directions or advice when received, unless, under the terms or another provision of this Agreement, the same is a condition to Wachovia’s 's properly taking or omitting to take action. Nothing in this subparagraph shall excuse Wachovia when an action or omission on the part of Wachovia constitutes willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreement.

Right to Receive Advice. a. If Wachovia shall be in doubt as to any action it may take or omit to take, it may request, and shall receive, from the Fund clarification or advice. If Wachovia shall be in doubt as to any question of law involved in any action it may take or omit to take, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund or Wachovia, at the option of WachoviaWachovia ). If Wachovia receives conflicting advice from the Fund and from counsel of its choosing, provided that Wachovia has so notified the Fund, Wachovia shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits to do in good faith in conformity with this advice. b. Wachovia shall be protected in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reliance on any directions or advice received pursuant to subparagraph (a) of this Paragraph 26 28 which Wachovia, after receipt of any directions or advice, in good faith believes to be consistent with these directions or advice. However, nothing in this Paragraph shall be construed as imposing upon Wachovia any obligation (i) to seek directions or advice, or (ii) to act in accordance with directions or advice when received, unless, under the terms or another provision of this Agreement, the same is a condition to Wachovia’s 's properly taking or omitting to take action. Nothing in this subparagraph shall excuse Wachovia when an action or omission on the part of Wachovia constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.

Right to Receive Advice. a. If Wachovia shall be in doubt as to any action it may take or omit to take, it may request, and shall receive, from the Fund clarification or advice. If Wachovia shall be in doubt as to any question of law involved in any action it may take or omit to take, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund or Wachovia, at the option of Wachovia). If Wachovia receives conflicting advice from the Fund and from counsel of its choosing, provided that Wachovia has so notified the Fund, Wachovia shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits to do in good faith in conformity with this advice. b. Wachovia shall be protected in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reliance on any directions or advice received pursuant to subparagraph (a) of this Paragraph 26 which Wachovia, after receipt of any directions or advice, in good faith believes to be consistent with these directions or advice. However, nothing in this Paragraph shall be construed as imposing upon Wachovia any obligation (i) to seek directions or advice, or (ii) to act in accordance with directions or advice when received, unless, under the terms or another provision of this Agreement, the same is a condition to Wachovia’s 's properly taking or omitting to take action. Nothing in this subparagraph shall excuse Wachovia when an action or omission on the part of Wachovia constitutes willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreement.

Right to Receive Advice. a. If Wachovia First Union shall be in doubt as to any action it may take or omit to take, it may request, and shall receive, from the Fund clarification or advice. If Wachovia First Union shall be in doubt as to any question of law involved in any action it may take or omit to take, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund or WachoviaFirst Union, at the option of WachoviaFirst Union). If Wachovia First Union receives conflicting advice from the Fund and from counsel of its choosing, provided that Wachovia has so notified the Fund, Wachovia First Union shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits to do in good faith in conformity with this advice. b. Wachovia First Union shall be protected in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reliance on any directions or advice received pursuant to subparagraph (a) of this Paragraph 26 24 which WachoviaFirst Union, after receipt of any directions or advice, in good faith believes to be consistent with these directions or advice. However, nothing in this Paragraph shall be construed as imposing upon Wachovia First Union any obligation (i) to seek directions or advice, or (ii) to act in accordance with directions or advice when received, unless, under the terms or another provision of this Agreement, the same is a condition to Wachovia’s First Union's properly taking or omitting to take action. Nothing in this subparagraph shall excuse Wachovia First Union when an action or omission on the part of Wachovia First Union constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.

Right to Receive Advice. a. If Wachovia shall be in doubt as to any action it may take or omit to take, it may request, and shall receive, from the Fund clarification or advice. If Wachovia shall be in doubt as to any question of law involved in any action it may take or omit to take, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund or Wachovia, at the option of Wachovia). If Wachovia receives conflicting advice from the Fund and from counsel of its choosing, provided that Wachovia has so notified the Fund, Wachovia shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits to do in good faith in conformity with this advice. b. Wachovia shall be protected in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reliance on any directions or advice received pursuant to subparagraph (a) of this Paragraph 26 which Wachovia, after receipt of any directions or advice, in good faith believes to be consistent with these directions or advice. However, nothing in this Paragraph shall be construed as imposing upon Wachovia any obligation (i) to seek directions or advice, or (ii) to act in accordance with directions or advice when received, unless, under the terms or another provision of this Agreement, the same is a condition to Wachovia’s 's properly taking or omitting to take action. Nothing in this subparagraph shall excuse Wachovia when an action or omission on the part of Wachovia constitutes willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreement.

Right to Receive Advice. a. If Wachovia shall be in doubt as to any action it may take or omit to take, it may request, and shall receive, from the Fund clarification or advice. If Wachovia shall be in doubt as to any question of law involved in any action it may take or omit to take, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund or Wachovia, at the option of Wachovia). If Wachovia receives conflicting advice from the Fund and from counsel of its choosing, provided that Wachovia has so notified the Fund, Wachovia shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits to do in good faith in conformity with this advice. b. Wachovia shall be protected in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reliance on any directions or advice received pursuant to subparagraph (a) of this Paragraph 26 24 which Wachovia, after receipt of any directions or advice, in good faith believes to be consistent with these directions or advice. However, nothing in this Paragraph shall be construed as imposing upon Wachovia any obligation (i) to seek directions or advice, or (ii) to act in accordance with directions or advice when received, unless, under the terms or another provision of this Agreement, the same is a condition to Wachovia’s 's properly taking or omitting to take action. Nothing in this subparagraph shall excuse Wachovia when an action or omission on the part of Wachovia constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.

Right to Receive Advice. a. If Wachovia First Union shall be in doubt as to any action it may take or omit to take, it may request, and shall receive, from the Fund clarification or advice. If Wachovia First Union shall be in doubt as to any question of law involved in any action it may take or omit to take, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund or WachoviaFirst Union, at the option of WachoviaFirst Union). If Wachovia First Union receives conflicting advice from the Fund and from counsel of its choosing, provided that Wachovia has so notified the Fund, Wachovia First Union shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits to do in good faith in conformity with this advice. b. Wachovia First Union shall be protected in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reliance on any directions or advice received pursuant to subparagraph (a) of this Paragraph 26 28 which WachoviaFirst Union, after receipt of any directions or advice, in good faith believes to be consistent with these directions or advice. However, nothing in this Paragraph shall be construed as imposing upon Wachovia First Union any obligation (i) to seek directions or advice, or (ii) to act in accordance with directions or advice when received, unless, under the terms or another provision of this Agreement, the same is a condition to Wachovia’s First Union's properly taking or omitting to take action. Nothing in this subparagraph shall excuse Wachovia First Union when an action or omission on the part of Wachovia First Union constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.

Right to Receive Advice. a. If Wachovia shall be in doubt as to any action it may take or omit to take, it may request, and shall receive, from the Fund clarification or advice. If Wachovia shall be in doubt as to any question of law involved in any action it may take or omit to take, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund or Wachovia, at the option of Wachovia). If Wachovia receives conflicting advice from the Fund and from counsel of its choosing, provided that Wachovia has so notified the Fund, Wachovia shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits to do in good faith in conformity with this advice. b. Wachovia shall be protected in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reliance on any directions or advice received pursuant to subparagraph (a) of this Paragraph 26 which Wachovia, after receipt of any directions or advice, in good faith believes to be consistent with these directions or advice. However, nothing in this Paragraph shall be construed as imposing upon Wachovia any obligation (i) to seek directions or advice, or (ii) to act in accordance with directions or advice when received, unless, under the terms or another provision of this Agreement, the same is a condition to Wachovia’s properly taking or omitting to take action. Nothing in this subparagraph shall excuse Wachovia when an action or omission on the part of Wachovia constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.

Right to Receive Advice. a. If Wachovia First Union shall be in doubt as to any action it may take or omit to take, it may request, and shall receive, from the Fund clarification or advice. If Wachovia First Union shall be in doubt as to any question of law involved in any action it may take or omit to take, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund or WachoviaFirst Union, at the option of WachoviaFirst Union). If Wachovia First Union receives conflicting advice from the Fund and from counsel of its choosing, provided that Wachovia has so notified the Fund, Wachovia First Union shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits to do in good faith in conformity with this advice. b. Wachovia First Union shall be protected in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reliance on any directions or advice received pursuant to subparagraph (a) of this Paragraph 26 25 which WachoviaFirst Union, after receipt of any directions or advice, in good faith believes to be consistent with these directions or advice. However, nothing in this Paragraph shall be construed as imposing upon Wachovia First Union any obligation (i) to seek directions or advice, or (ii) to act in accordance with directions or advice when received, unless, under the terms or another provision of this Agreement, the same is a condition to Wachovia’s First Union's properly taking or omitting to take action. Nothing in this subparagraph shall excuse Wachovia First Union when an action or omission on the part of Wachovia First Union constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.

Right to Receive Advice. a. If Wachovia shall be in doubt as to any action it may take or omit to take, it may request, and shall receive, from the Fund clarification or advice. If Wachovia shall be in doubt as to any question of law involved in any action it may take or omit to take, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund or Wachovia, at the option of Wachovia). If Wachovia receives conflicting advice from the Fund and from counsel of its choosing, provided that Wachovia has so notified the Fund, Wachovia shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits to do in good faith in conformity with this advice. b. Wachovia shall be protected in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reliance on any directions or advice received pursuant to subparagraph (a) of this Paragraph 26 which Wachovia, after receipt of any directions or advice, in good faith believes to be consistent with these directions or advice. However, nothing in this Paragraph shall be construed as imposing upon Wachovia any obligation (i) to seek directions or advice, or (ii) to act in accordance with directions or advice when received, unless, under the terms or another provision of this Agreement, the same is a condition to Wachovia’s 's properly taking or omitting to take action. Nothing in this subparagraph shall excuse Wachovia when an action or omission on the part of Wachovia constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.

Right to Receive Advice. a. If Wachovia shall be in doubt as to any action it may take or omit to take, it may request, and shall receive, from the Fund clarification or advice. If Wachovia shall be in doubt as to any question of law involved in any action it may take or omit to take, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund or Wachovia, at the option of Wachovia). If Wachovia receives conflicting advice from the Fund and from counsel of its choosing, provided that Wachovia has so notified the Fund, Wachovia shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits to do in good faith in conformity with this advice. b. Wachovia shall be protected Nothing in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reliance on any directions or advice received pursuant to subparagraph (a) of this Paragraph 26 which Wachovia, after receipt of any directions or advice, in good faith believes to be consistent with these directions or advice. However, nothing in this Paragraph shall be construed as imposing upon Wachovia any obligation (i) to seek directions or advice, or (ii) to act in accordance with directions or advice when received, unless, under the terms or another provision of this Agreement, the same is a condition to Wachovia’s 's properly taking or omitting to take action. Nothing in this subparagraph shall excuse Wachovia when an action or omission on the part of Wachovia constitutes willful misfeasancemisconduct, bad faith, negligence or reckless disregard of its duties under this Agreement.

Right to Receive Advice. a. If Wachovia shall be in doubt as to any action it may take or omit to take, it may request, and shall receive, from the Fund Trust clarification or advice. If Wachovia shall be in doubt as to any question of law involved in any action it may take or omit to take, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund Trust or Wachovia, at the option of Wachovia). If Wachovia receives conflicting advice from the Fund Trust and from counsel of its choosing, provided that Wachovia has so notified the Fund, Wachovia shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits to do in good faith in conformity with this advice. b. Wachovia shall be protected in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reasonable reliance on any directions or advice received pursuant to subparagraph (a) of this Paragraph 26 24 which Wachovia, after receipt of any directions or advice, in good faith believes to be consistent with these directions or advice. However, nothing in this Paragraph shall be construed as imposing upon Wachovia any obligation (i) to seek directions or advice, or (ii) to act in accordance with directions or advice when received, unless, under the terms or another provision of this Agreement, the same is a condition to Wachovia’s 's properly taking or omitting to take action. Nothing in this subparagraph shall excuse Wachovia when an action or omission on the part of Wachovia constitutes willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreement.

Right to Receive Advice. a. (a) If Wachovia The Trust Company shall be in doubt as to any action it may take to be taken or omit to takeomitted by it, it may request, and shall receive, from the Fund clarification or advice. . (b) If Wachovia The Trust Company shall be in doubt as to any question of law involved in any action it may take to be taken or omit to takeomitted by The Trust Company, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund or WachoviaThe Trust Company, at the option of WachoviaThe Trust Company). If Wachovia receives conflicting . (c) In case of conflict between directions or advice from the Fund received by The Trust Company pursuant to subparagraph (a) of this paragraph and from counsel advice received by The Trust Company pursuant to subparagraph (b) of its choosingthis paragraph, provided that Wachovia has so notified the Fund, Wachovia U.S. Trust shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits received pursuant to do in good faith in conformity with this advicethe latter provision alone. b. Wachovia (d) The Trust Company shall be protected in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reliance on any directions or advice received pursuant to subparagraph subparagraphs (a) or (b) of this Paragraph 26 section which WachoviaThe Trust Company, after receipt of any such directions or advice, in good faith believes to be consistent with these such directions or advice. However, nothing in this Paragraph paragraph shall be construed as imposing upon Wachovia The Trust Company any obligation (i) to seek such directions or advice, or (ii) to act in accordance with such directions or advice when received, unless, under the terms or of another provision of this Agreement, the same is a condition to Wachovia’s The Trust Company's properly taking or omitting to take such action. Nothing in this subparagraph subsection shall excuse Wachovia The Trust Company when an action or omission on the part of Wachovia The Trust Company constitutes willful misfeasance, bad faith, negligence or reckless disregard by The Trust Company of its duties under this Agreement.

Right to Receive Advice. a. If Wachovia shall be in doubt as to any action it may take or omit to take, it may request, and shall receive, from the Fund clarification or advice. If Wachovia shall be in doubt as to any question of law involved in any action it may take or omit to take, it may request advice at its own cost from counsel of its own choosing (who may be counsel for the Fund or Wachovia, at the option of Wachovia). If Wachovia receives conflicting advice from the Fund and from counsel of its choosing, provided that Wachovia has so notified the Fund, Wachovia shall be entitled to rely on and follow the advice of its counsel, and shall be fully protected for anything it does or omits to do in good faith in conformity with this advice. b. Wachovia shall be protected in any action or inaction which it takes or omits to take consistent with the terms of this Agreement in reliance on any directions or advice received pursuant to subparagraph (a) of this Paragraph 26 28 which Wachovia, after receipt of any directions or advice, in good faith believes to be consistent with these directions or advice. However, nothing in this Paragraph shall be construed as imposing upon Wachovia any obligation (i) to seek directions or advice, or (ii) to act in accordance with directions or advice when received, unless, under the terms or another provision of this Agreement, the same is a condition to Wachovia’s 's properly taking or omitting to take action. Nothing in this subparagraph shall excuse Wachovia when an action or omission on the part of Wachovia constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.