Common use of Rights of the Auction Agent Clause in Contracts

Rights of the Auction Agent. (1) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, any communication authorized hereby and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting upon any telephone communication authorized hereby which the Auction Agent believes in good faith to have been given by the Trust or by a Broker-Dealer. The Auction Agent may record telephone communications with the Trust or with the Broker-Dealers or with both. (2) The Auction Agent may consult with counsel of its choice, and the written advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (3) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. The Auction Agent shall be under no liability for interest on any money received by it hereunder except as otherwise agreed in writing with the Trust.

Appears in 12 contracts

Samples: Auction Agent Agreement (Eaton Vance Tax Advantaged Global Dividend Income Fund), Auction Agent Agreement (Eaton Vance Insured California Municipal Bond Fund), Auction Agent Agreement (Eaton Vance Tax Advantaged Dividend Income Fund)

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Rights of the Auction Agent. (1a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, any communication authorized hereby and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting upon any telephone communication authorized hereby which the Auction Agent believes in good faith to have been given by the Trust or by a Broker-Dealer. The Auction Agent may record telephone communications with the Trust or with the Broker-Dealers or with both. (2b) The Auction Agent may consult with counsel of its choice, and the written advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (3c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. The Auction Agent shall be under no liability for interest on any money received by it hereunder except as otherwise agreed in writing with the Trust.

Appears in 6 contracts

Samples: Auction Agent Agreement (Eaton Vance Municipal Income Trust), Auction Agent Agreement (Eaton Vance Michigan Municipal Income Trust), Auction Agent Agreement (Eaton Vance Ohio Municipal Income Trust)

Rights of the Auction Agent. (1a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, any communication authorized hereby by this Agreement and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting upon any telephone communication authorized hereby by this Agreement which the Auction Agent reasonably believes in good faith to have been given by the Trust Fund or by a Broker-DealerBD. The Auction Agent may record telephone communications with the Trust Fund or with the Broker-Dealers BD or with both. (2b) The Auction Agent may consult with counsel of its own choice, and the written advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (3c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. . (d) The Auction Agent shall be under no liability for interest on any money received may perform its duties and exercise its rights hereunder either directly or by it hereunder except as otherwise agreed in writing with the Trustor through agents or attorneys.

Appears in 4 contracts

Samples: Broker Dealer Agreement (Pimco Corporate Income Fund), Broker Dealer Agreement (Pimco New York Municipal Income Fund), Broker Dealer Agreement (Pimco California Municipal Income Fund)

Rights of the Auction Agent. (1a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed in good faith by it to be genuine. The Auction Agent shall not be liable for acting upon any telephone communication authorized hereby which the Auction Agent believes in good faith to have been given by the Trust Company or by a Broker-Dealer. The Auction Agent may record telephone communications with the Trust Company or with the Broker-Dealers or with both. (2b) The Auction Agent may consult with counsel of its choice, choice and the written advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (3c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. . (d) The Auction Agent shall be under no liability for interest on any money received may perform its duties and exercise its rights hereunder either directly or by it hereunder except as otherwise agreed in writing with the Trustor through agents or attorneys.

Appears in 2 contracts

Samples: Auction Agency Agreement (Zenix Income Fund Inc), Auction Agency Agreement (Zenix Income Fund Inc)

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Rights of the Auction Agent. (1) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, any communication authorized hereby and any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed by it to be genuine. The Auction Agent shall not be liable for acting upon any telephone communication authorized hereby which the Auction Agent believes in good faith to have been given by the Trust Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Trust Fund or with the Broker-Dealers or with both. (2) The Auction Agent may consult with counsel of its choice, and the written advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (3) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. The Auction Agent shall be under no liability for interest on any money received by it hereunder except as otherwise agreed in writing with the TrustFund.

Appears in 1 contract

Samples: Auction Agent Agreement (Eaton Vance Credit Opportunities Fund)

Rights of the Auction Agent. (1a) The Auction Agent may rely upon, and shall be protected in acting or refraining from acting upon, upon any communication authorized hereby and upon any written instruction, notice, request, direction, consent, report, certificate, share certificate or other instrument, paper or document reasonably believed in good faith by it to be genuine. The Auction Agent shall not be liable for acting upon any telephone communication authorized hereby which the Auction Agent believes in good faith to have been given by the Trust Fund or by a Broker-Dealer. The Auction Agent may record telephone communications with the Trust Fund or with the Broker-Dealers or with both. (2b) The Auction Agent may consult with counsel of its choice, choice and the written advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (3c) The Auction Agent shall not be required to advance, expend or risk its own funds or otherwise incur or become exposed to financial liability in the performance of its duties hereunder. . (d) The Auction Agent shall be under no liability for interest on any money received may perform its duties and exercise its rights hereunder either directly or by it hereunder except as otherwise agreed in writing with the Trustor through agents or attorneys.

Appears in 1 contract

Samples: Auction Agency Agreement (Smith Barney Intermediate Municipal Fund Inc)

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