Common use of Security; Reliance; Unauthorized Use Clause in Contracts

Security; Reliance; Unauthorized Use. BNY will establish security procedures to be followed in connection with the System. The Fund understands and agrees that the security procedures are intended to determine whether instructions received by BNY through the System are authorized but are not (unless otherwise specified in writing) intended to detect any errors contained in such instructions. The Fund will cause all persons utilizing the Software and the System to treat all applicable user and authorization codes, passwords and authentication keys with the highest degree of care and confidentiality. BNY is hereby irrevocably authorized to comply with and rely upon on Written Instructions, whether or not authorized, received by it through the System in accordance with the security procedures. The Fund acknowledges that it is its sole responsibility to assure that only Authorized Persons use the System and that to the fullest extent permitted by applicable law BNY shall not be responsible nor liable for any unauthorized use thereof or for any losses sustained by the Fund arising from or in connection with the use of the System or BNY’s reliance upon and compliance with Written Instructions received through the System.

Appears in 8 contracts

Samples: Fund Administration and Accounting Agreement (GLG Investment Series Trust), Fund Administration and Accounting Agreement (Jefferies Commodity Real Return ETF), Fund Administration and Accounting Agreement (Jefferies S&P 500 VIX Short-Term Futures ETF)

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Security; Reliance; Unauthorized Use. BNY Custodian will establish security procedures to be followed in connection with the SystemSystems. The Fund understands and agrees that the security procedures are intended to determine whether instructions received by BNY Custodian through the System Systems are authorized but are not (unless otherwise specified in writing) intended to detect any errors contained in such instructions. The Fund will cause all persons utilizing the Software and the System Systems to treat all applicable user and authorization codes, passwords and authentication keys with the highest degree of care and confidentiality. BNY Custodian is hereby irrevocably authorized to comply with and rely upon on Written Instructions, whether or not authorized, received by it through the System Systems in accordance with the security procedures. The Fund acknowledges that it is its sole responsibility to assure that only Authorized Persons use the System Systems and that to the fullest extent permitted by applicable law BNY Custodian shall not be responsible nor liable for any unauthorized use thereof or for any losses sustained by the Fund arising from or in connection with the use of the System Systems or BNY’s Custodian's reliance upon and compliance with Written Instructions received through the System.

Appears in 2 contracts

Samples: Custody Agreement (First Investors Tax Exempt Money Market Fund Inc), Custody Agreement (First Investors Government Fund Inc)

Security; Reliance; Unauthorized Use. BNY will establish security procedures to be followed in connection with the System. The Fund understands and agrees that the security procedures are intended to determine whether instructions received by BNY through the System are authorized but are not (unless otherwise specified in writing) intended to detect any errors contained in such instructions. The Fund will cause all persons utilizing the Software and the System to treat all applicable user and authorization codes, passwords and authentication keys with the highest degree of care and confidentiality. BNY is hereby irrevocably authorized to comply with and rely upon on Written Instructions, whether or not authorized, received by it through the System in accordance with the security procedures. The Fund acknowledges that it is its sole responsibility to assure that only Authorized Persons use the System and that to the fullest extent permitted by applicable law BNY shall not be responsible nor liable for any unauthorized use thereof or for any losses sustained by the Fund arising from or in connection with the use of the System or BNY’s reliance upon and compliance with Written Instructions received through the SystemSystem except where such losses result from BNY’s gross negligence or willful misconduct.

Appears in 2 contracts

Samples: Fund Administration and Accounting Agreement (BNP Paribas L/S Commodities Trust), Transfer Agency and Service Agreement (BNP Paribas L/S Commodities Trust)

Security; Reliance; Unauthorized Use. BNY will establish security procedures to be followed in connection with the System. The Fund understands and agrees that the security procedures are intended to determine whether instructions received by BNY through the System are authorized but are not (unless otherwise specified in writing) intended to detect any errors contained in such instructions. The Fund will cause all persons utilizing the Software and the System to treat all applicable user and authorization codes, passwords and authentication keys with the highest degree of reasonable care and confidentiality. BNY is hereby irrevocably authorized to comply with and rely upon on Written Instructions, whether or not authorized, received by it through the System in accordance with the security procedures. The Fund acknowledges that it is its sole responsibility to assure that only Authorized Persons use the System and that to the fullest extent permitted by applicable law BNY shall not be responsible nor liable for any unauthorized use thereof or for any losses sustained by the Fund arising from or in connection with the use of the System or BNY’s reliance upon and compliance with Written Instructions received through the System.

Appears in 2 contracts

Samples: Services Agreement (Teucrium Commodity Trust), Services Agreement (Teucrium Commodity Trust)

Security; Reliance; Unauthorized Use. BNY Custodian will establish security procedures to be followed in connection with the SystemSystems. The Fund understands and agrees that the security procedures are intended to determine whether instructions received by BNY Custodian through the System Systems are authorized but are not (unless otherwise specified in writing) intended to detect any errors contained in such instructions. The Fund will cause all persons utilizing the Software and the System Systems to treat all applicable user and authorization codes, passwords and authentication keys with the highest degree of care and confidentiality. BNY Custodian is hereby irrevocably authorized to comply with and rely upon on Written Instructions, whether or not authorized, received by it through the System Systems in accordance with the security procedures. The Fund acknowledges that it is its sole responsibility to assure that only Authorized Persons use the System Systems and that to the fullest extent permitted by applicable law BNY Custodian shall not be responsible nor liable for any unauthorized use thereof or for any losses sustained by the Fund arising from or in connection with the use of the System Systems or BNYCustodian’s reliance upon and compliance with Written Instructions received through the System.

Appears in 1 contract

Samples: Custody Agreement (Gladstone Investment Corporation\de)

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Security; Reliance; Unauthorized Use. BNY Custodian will establish security procedures to be followed in connection with the System. The Fund understands and agrees that the security procedures are intended to determine whether instructions received by BNY Custodian through the System are authorized but are not (unless otherwise specified in writing) intended to detect any errors contained in such instructions. The Fund will cause all persons utilizing the Software and the System to treat all applicable user and authorization codes, passwords and authentication keys with the highest degree of care and confidentiality. BNY Custodian is hereby irrevocably authorized to comply with and rely upon on Written Instructions, whether or not authorized, received by it through the System in accordance with the security procedures. The Fund acknowledges that it is its sole responsibility to assure that only Authorized Persons use the System and that to the fullest extent permitted by applicable law BNY Custodian shall not be responsible nor liable for any unauthorized use thereof or for any losses sustained by the Fund arising from or in connection with the use of the System or BNY’s Custodian's reliance upon and compliance with Written Instructions received through the System.

Appears in 1 contract

Samples: Custody Agreement (North Country Funds)

Security; Reliance; Unauthorized Use. BNY will establish security procedures to be followed in connection with the System. The Fund Trust understands and agrees that the security procedures are intended to determine whether instructions received by BNY through the System are authorized but are not (unless otherwise specified in writing) intended to detect any errors contained in such instructions. The Fund Trust will cause all persons utilizing the Software and the System to treat all applicable user and authorization codes, passwords and authentication keys with the highest degree of care and confidentiality. BNY is hereby irrevocably authorized to comply with and rely upon on Written Instructions, whether or not authorized, received by it through the System in accordance with the security procedures. The Fund Trust acknowledges that it is its sole responsibility to assure that only Authorized Persons use the System and that to the fullest extent permitted by applicable law BNY shall not be responsible nor liable for any unauthorized use thereof or for any losses sustained by the Fund Trust arising from or in connection with the use of the System or BNY’s reliance upon and compliance with Written Instructions received through the System.

Appears in 1 contract

Samples: Fund Administration and Accounting Agreement (Destra Investment Trust)

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