Common use of THIRD PARTY ORDERS OR DEMANDS Clause in Contracts

THIRD PARTY ORDERS OR DEMANDS. The Trustee shall be entitled to be indemnified out of the Fund in respect of any costs, expenses, charges or liabilities whatsoever that may arise out of the Trustee’s good faith compliance with any law, regulation, judgment, seizure, execution, notice or similar order or demand which lawfully imposes on the Trustee a duty to take or refrain from taking any action concerning the Plan or the Fund, or to issue payment from the Fund, with or without instructions from the Planholder or in contradiction of instructions of the Planholder. The Trustee/Agent retains the ability to restrict trading upon receipt of an order or demand. The Trustee/Agent will not be liable for any decreas- es in account value during the restriction period. In order for any related restriction to be removed from the Planholder’s account, the Planholder must provide proof satisfactory to the Trustee in its sole discretion, that it is no longer applica- ble. The Trustee may permit any duly authorized party to have access to and the right to examine and make copies of any records, documents, paper and books involving any transac- tion of the Plan or related to the Plan and shall similarly be entitled to indemnity out of the Fund for so doing. In the event the assets of the Fund shall be insufficient to indem- nify the Trustee fully in any such regard, by establishing the Plan the Planholder agrees to indemnify and hold the Trustee harmless for any such costs, expenses, charges or liabilities.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

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THIRD PARTY ORDERS OR DEMANDS. The Trustee shall be entitled to be indemnified out of the Fund in respect of any costs, expenses, charges or liabilities whatsoever that may arise out of the Trustee’s good faith compliance with any law, regulation, judgment, seizure, execution, notice or similar order or demand which lawfully imposes on the Trustee a duty to take or refrain from taking any action concerning the Plan or the Fund, or to issue payment from the Fund, with or without instructions from the Planholder or in contradiction of instructions of the Planholder. The Trustee/Agent retains the ability to restrict trading upon receipt of an order or demand. The Trustee/Agent will not be liable for any decreas- es decreases in account value during the restriction period. In order for any related restriction to be removed from the Planholder’s account, the Planholder must provide proof satisfactory to the Trustee in its sole discretion, that it is no longer applica- bleapplicable. The Trustee may permit any duly anyduly authorized party to have access to and the right to examine and make copies of any records, documents, paper and books involving any transac- tion transaction of the Plan or related to the Plan and shall similarly be entitled to indemnity out of the Fund for so doing. In the event the assets of the Fund shall be insufficient to indem- nify indemnify the Trustee fully in any such regard, by establishing the Plan the Planholder agrees to indemnify and hold the Trustee harmless for any such costs, expenses, charges or liabilities.

Appears in 1 contract

Samples: Account Agreement

THIRD PARTY ORDERS OR DEMANDS. The Trustee shall be entitled to be indemnified out of the Fund in respect of any costs, expenses, charges or liabilities whatsoever that may arise out of the Trustee’s good faith 's goodfaith compliance with any law, regulation, judgment, seizure, execution, notice or similar order or demand which lawfully imposes on the Trustee a duty to take or refrain from taking any action concerning the Plan or the Fund, or to issue payment from the Fund, with or without instructions from the Planholder or in contradiction of instructions of the Planholder. The Trustee/Agent retains the ability to restrict trading upon receipt of an order or demand. The Trustee/Agent will not be liable for any decreas- es decreases in account value during the restriction period. In order for any related restriction to be removed from the Planholder’s account, the Planholder must provide proof provideproof satisfactory to the Trustee in its sole discretion, that it is no longer applica- bleapplicable. The Trustee may permit any duly anyduly authorized party to have access to and the right to examine and make copies of any records, documents, paper and books involving any transac- tion transaction of the Plan or related to the Plan and shall similarly be entitled to indemnity out of the Fund for so doing. In the event the assets of the Fund shall be insufficient to indem- nify indemnify the Trustee fully in any such regard, by establishing the Plan the Planholder agrees to indemnify and hold the Trustee harmless for any such costs, expenses, charges or liabilities.

Appears in 1 contract

Samples: Account Agreement

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THIRD PARTY ORDERS OR DEMANDS. The Trustee shall be entitled to be indemnified out of the Fund in respect of any costs, expenses, charges or liabilities whatsoever that may arise out of the Trustee’s 's good faith compliance with any law, regulation, judgment, seizure, execution, notice or similar order or demand which lawfully imposes on the Trustee a duty to take or refrain from taking any action concerning the Plan or the FundPlan, or to issue payment from the Fund, with or without instructions instruc- tions from the Planholder or in contradiction of instructions instruc- tions of the Planholder. The Trustee/Agent retains the ability to restrict trading upon receipt of an order or demand. The Trustee/Agent will not be liable for any decreas- es decreases in account value during the restriction period. In order for any related restriction to be removed from the Planholder’s account, the Planholder Plan-holder must provide proof satisfactory to the Trustee in its sole discretion, that it is no longer applica- bleapplicable. The Trustee may permit any duly authorized party to have access to and the right to examine and make copies of any records, documents, paper and books involving any transac- tion transaction of the Plan or related to the Plan and shall similarly be entitled to indemnity out of the Fund for so doing. In the event the assets of the Fund shall be insufficient to indem- nify indemnify the Trustee fully in any such regard, by establishing the Plan the Planholder agrees to indemnify and hold the Trustee harmless for any such costs, expenses, charges or liabilities.

Appears in 1 contract

Samples: Advisor) Trust Agreement

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