Common use of Wire Transfer Operating Guidelines Clause in Contracts

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial Code 3.1 The Bank is authorized to promptly debit the appropriate Transfer Agent account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank has been instructed to transfer. The Bank shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame will be deemed to have been received the next business day. 3.2 The Transfer Agent acknowledges that the Security Procedure it has designated on the Transfer Agent Selection Form was selected by the Transfer Agent from security procedures offered by the Bank. The Transfer Agent shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Transfer Agent must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer Agent's authorized personnel. The Bank shall verify the authenticity of all such instructions according to the Security Procedure. 3.3 The Bank shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order, or (b) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if requests are received in a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 The Bank shall assume no responsibility for lost interest with respect to the retransfer Agentable amount of any unauthorized payment order unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 Confirmation of Bank's execution of payment orders shall ordinarily be provided within 24 hours notice of which may be delivered through the Bank's proprietary information systems, or by facsimile or call-back. Client must report any objections to the execution of an order within 30 days.

Appears in 5 contracts

Samples: Sub Transfer Agency and Service Agreement (Calvert Impact Fund Inc), Sub Transfer Agency and Service Agreement (Calvert Municipal Fund Inc), Servicing Agreement (Calvert Impact Fund Inc)

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Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial Code------------------------------------------------------------------------ Code ---- 3.1 6.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 6.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 6.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 6.5 The Bank Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 6.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 6.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 6.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 4 contracts

Samples: Transfer Agency Agreement (Parkstone Advantage Fund), Transfer Agency and Service Agreement (Parkstone Group of Funds /Oh/), Transfer Agency and Service Agreement (American Select Funds)

Wire Transfer Operating Guidelines. Articles ARTICLES 4A of the Uniform Commercial CodeOF THE UNIFORM COMMERCIAL CODE 3.1 6.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 6.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 6.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 6.5 The Bank Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 6.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 6.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 6.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty-four (24) hours notice of which may be delivered through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 4 contracts

Samples: Transfer Agency and Service Agreement (Emerging Germany Fund Inc), Transfer Agency and Service Agreement (RCM Capital Funds Inc /Md/), Transfer Agency and Service Agreement (RCM Capital Funds Inc /Md/)

Wire Transfer Operating Guidelines. Articles ARTICLES 4A of the Uniform Commercial CodeOF THE UNIFORM COMMERCIAL CODE 3.1 6.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 6.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 6.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 6.5 The Bank Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 6.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 6.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 6.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (RWB Funds Investment Trust), Transfer Agency and Service Agreement (Fremont Mutual Funds Inc)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial Code 3.1 6.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund bank account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date date, provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Agent's Wire Transfer Security Procedures Customer Selection Form (the form of which is attached hereto as Schedule 6.2) was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Fund shall notify the Transfer Agent must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 6.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 6.4 The Transfer Agent reserves the right to decline to process or delay the processing of a payment order (a) which is in excess of the collected balance in the account to be charged at the time of the Transfer Agent's receipt of such payment order; (b) if initiating such payment order would cause the Transfer Agent, in the Transfer Agent's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits that are applicable to the Transfer Agent or any of its sub-agents; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 6.5 The Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received in compliance with the Security Procedure, provided that such requests are received in a timely manner affording the Transfer Agent reasonable opportunity to act. However, the Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 6.6 The Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order, provided that the Transfer Agent complies with the payment order instructions as received and the Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 6.7 The Transfer Agent shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order. In no event (including failure to execute a payment order) shall the Transfer Agent be liable for special, indirect, or consequential damages, even if advised of the possibility of such damages. 6.8 When the Fund initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank Transfer Agent or its sub-agent will act as an "Originating Depository Financial Institution Institution" and/or receiving "Receiving Depository Financial Institution, ," as the case may be, with respect to such entries. Credits given by the Bank Transfer Agent or its sub-agent with respect to an ACH credit entry are provisional until the Bank Transfer Agent or its sub-agent receives final settlement for such entry from the Federal Reserve Bank. If the Bank Transfer Agent or its sub-agent does not receive such final settlement, the Transfer Agent Fund agrees that the Bank Transfer Agent shall receive a refund of the amount credited to the Transfer Agent Fund in connection with such entry, and the party making payment to the Transfer Agent Fund via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess 6.9 Confirmation of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order, or (b) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if requests are received in a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 The Bank shall assume no responsibility for lost interest with respect to the retransfer Agentable amount of any unauthorized payment order unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 hours twenty-four (24) hours, notice of which may be delivered through the BankTransfer Agent's or its sub-agent's proprietary information systems, or by facsimile or call-back. Client The Fund must report notify the Transfer Agent of any objections to the execution of an order within 30 thirty (30) days.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Harris Associates Investment Trust), Transfer Agency and Service Agreement (Kobrick Investment Trust)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform ---------------------------------------------------------------- Commercial CodeCode --------------- 3.1 6.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 6.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 6.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 6.5 The Bank Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 6.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 6.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 6.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Legg Mason Investment Trust Inc), Transfer Agency and Service Agreement (Legg Mason Investment Trust Inc)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial CodeCode --------------- 3.1 6.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 6.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 6.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 6.5 The Bank Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 6.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 6.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 6.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Legg Mason Light Street Trust Inc)

Wire Transfer Operating Guidelines. Articles ARTICLES 4A of the Uniform Commercial CodeOF THE UNIFORM COMMERCIAL CODE 3.1 6.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 6.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 6.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 6.5 The Bank Transfer Agent shall use reasonable efforts care to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability in the absence of negligence or willful misconduct if the request for amendment or cancellation cannot be satisfied. 3.7 6.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 6.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 6.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 daysthirty (30) days of receiving confirmation.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Gam Funds Inc)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial CodeCode ----------------------------------------------------------------------- 3.1 6.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 6.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 6.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 6.5 The Bank Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 6.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 6.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 6.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty-four (24) hours notice of which may be delivered through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Dessauer Global Equity Fund)

Wire Transfer Operating Guidelines. Articles ARTICLES 4A of the Uniform Commercial CodeOF THE UNIFORM COMMERCIAL CODE 3.1 6.1 The Bank is authorized to promptly debit the appropriate Transfer Agent account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank has been instructed to transfer. The Bank shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Agent instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent acknowledges that the Security Procedure it has designated on the Transfer Agent Selection Form was selected by the Transfer Agent from security procedures offered by the Bank. The Transfer Agent shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Transfer Agent must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer Agent's authorized personnel. The Bank shall verify the authenticity of all such Transfer Agent instructions according to the Security Procedure. 3.3 6.3 The Bank shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 6.4 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order; (b) if initiating such payment order would cause the Bank, in the Bank's sole judgment, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Bank; or (c) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 6.5 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 6.6 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 6.7 The Bank shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 6.8 When a the Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank or its bank will act as an Originating Depository Financial Institution and/or receiving Depository depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order, or (b) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if requests are received in a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 The Bank shall assume no responsibility for lost interest with respect to the retransfer Agentable amount of any unauthorized payment order unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 6.9 Confirmation of Bank's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the Bank's proprietary information systems, or by facsimile or call-back. Client Transfer Agent must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Sub Transfer Agency and Service Agreement (Stonebridge Aggressive Growth Fund Inc)

Wire Transfer Operating Guidelines. Articles ARTICLES 4A of the Uniform Commercial CodeOF THE UNIFORM COMMERCIAL CODE 3.1 6.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 6.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 6.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's reasonable judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 6.5 The Bank Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 6.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 6.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 6.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (One Group Investment Trust)

Wire Transfer Operating Guidelines. Articles 4A Articles4A of the Uniform Commercial Code----------------------------------------------------------------------- Code ---- 3.1 8.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Funds' instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 8.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 8.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 8.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's sole judgment, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized.. If the Transfer Agent exercises its rights pursuant to Section 8.4 of this Agreement the Transfer Agent shall notify the ----------- Funds by confirmation pursuant to Section 8.9 of this Agreement. ----------- 3.6 8.5 The Bank Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 8.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 8.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance execution of such payment orderorder pursuant to Section 8.9 ----------- of this Agreement. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 8.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or Receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 8.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty-four (24) hours notice of which and may be delivered to the Fund through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Wells Fargo Funds Trust)

Wire Transfer Operating Guidelines. Articles ARTICLES 4A of the Uniform Commercial CodeOF THE UNIFORM COMMERCIAL CODE 3.1 6.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 6.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 6.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 6.5 The Bank Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 6.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 6.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 6.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client The Fund must report any objections to the execution of an order within 30 daysthirty (30) days of receipt of notice of any such execution.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Puget Sound Alternative Investment Series Trust)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial CodeCode ---------------------------------------------------------------------------- 3.1 4.1 The Bank is authorized to promptly debit the appropriate Transfer Agent account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank has been instructed to transfer. The Bank shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Agent instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time time-frame will be deemed to have been received the next business day. 3.2 4.2 The Transfer Agent acknowledges that the Security Procedure it has designated on the Transfer Agent Selection Form was selected by the Transfer Agent from security procedures Security Procedures offered by the Bank. The Transfer Agent shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Transfer Agent must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer Agent's authorized personnel. The Bank shall verify the authenticity of all such instructions according to the Security Procedure. 3.3 4.3 The Bank shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 4.4 When a the Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 4.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order; (b) if initiating such payment order would cause the Bank, in the Bank's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits upon wire transfers which are applicable to the Bank; or (bc) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 4.6 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 4.7 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 4.8 The Bank shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order unless the Bank is notified of the unauthorized payment order within thirty (30) days of or notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 4.9 Confirmation of Bank's execution of payment orders shall ordinarily be provided within 24 hours notice of which may be delivered through the Bank's proprietary information systems, or by facsimile or call-back. Client must report any objections to the execution of an order within 30 days.

Appears in 1 contract

Samples: Sub Transfer Agency and Service Agreement (Kayne Anderson Rudnick Mutual Funds)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial CodeCode ------------------------------------------------------------- 3.1 4.1 The Bank is authorized to promptly debit the appropriate Transfer Agent account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank has been instructed to transfer. The Bank shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Agent instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time time-frame will be deemed to have been received the next business day. 3.2 4.2 The Transfer Agent acknowledges that the Security Procedure it has designated on the Transfer Agent Selection Form was selected by the Transfer Agent from security procedures Security Procedures offered by the Bank. The Transfer Agent shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Transfer Agent must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer Agent's authorized personnel. The Bank shall verify the authenticity of all such instructions according to the Security Procedure. 3.3 4.3 The Bank shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 4.4 When a the Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 4.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order; (b) if initiating such payment order would cause the Bank, in the Bank's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits upon wire transfers which are applicable to the Bank; or (bc) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 4.6 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 4.7 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 4.8 The Bank shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order unless the Bank is notified of the unauthorized payment order within thirty (30) days of or notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 4.9 Confirmation of Bank's execution of payment orders shall ordinarily be provided within 24 hours notice of which may be delivered through the Bank's proprietary information systems, or by facsimile or call-back. Client must report any objections to the execution of an order within 30 days.

Appears in 1 contract

Samples: Sub Transfer Agency Agreement (Phoenix Strategic Allocation Fund Inc)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial CodeCode --------------------------------------------------------------------- 3.1 6.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 6.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 6.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 6.5 The Bank Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 6.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 6.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 6.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Legg Mason Focus Trust Inc)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform ------------------------------------------------------------- Commercial CodeCode --------------- 3.1 5.1 The Bank is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank has been instructed to transfer. The Bank shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 5.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the Bank. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Transfer Agent Fund must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer Agenttile Fund's authorized personnel. The Bank shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 5.3 The Bank shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 5.4 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order; (b) if initiating such payment order would cause the Bank, in the Bank's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Bank; or (bc) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 5.5 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in ill a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 5.6 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 5.7 The Bank shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the flee acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 5.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. It the Bank does not receive such final settlement, the Fund agrees that the Bank shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 5.9 Confirmation of Bank's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the Bank's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Builders Proloan Fund Inc)

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Wire Transfer Operating Guidelines. Articles ARTICLES 4A of the Uniform Commercial CodeOF THE UNIFORM COMMERCIAL CODE 3.1 6.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline (4:00 PM ET) for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 6.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 6.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 6.5 The Bank Transfer Agent shall use commercially reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 6.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 6.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 6.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client The Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (First Funds)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform -------------------------------------------------------------- Commercial CodeCode --------------- 3.1 6.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 6.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 6.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 6.5 The Bank Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 6.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 6.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 6.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Pimco Funds Multi Manager Series)

Wire Transfer Operating Guidelines. Articles 4A of the ----------------------------------------------------- Uniform Commercial CodeCode ----------------------- 3.1 5.1 The Bank is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank has been instructed to transfer. The Bank shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 5.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the Bank. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Transfer Agent Fund must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 5.3 The Bank shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 5.4 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order; (b) if initiating such payment order would cause the Bank, in the Bank's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Bank; or (bc) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 5.5 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 5.6 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 5.7 The Bank shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank is notified of the unauthorized payment order within thirty (30) days of or notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 5.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Fund agrees that the Bank shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 5.9 Confirmation of Bank's execution of payment orders shall ordinarily be provided within 24 twenty-four (24) hours notice of which may be delivered through the Bank's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Flagship Admiral Funds Inc)

Wire Transfer Operating Guidelines. Articles ARTICLES 4A of the Uniform Commercial CodeOF THE UNIFORM COMMERCIAL CODE 3.1 6.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 6.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 6.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 6.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline (in the case of clauses (a) or (c)) to process or delay (in the case of clause (b)) the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's reasonable judgement, to exceed any reasonable volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 6.5 The Bank Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot reasonably be satisfied. 3.7 6.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 6.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 6.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Schroder Capital Funds /Delaware/)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial Code------------------------------------------------------------------------ Code ---- 3.1 The Bank 7.1 Boston Financial is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Boston Financial has been instructed to transfer. The Bank Boston Financial shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 7.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankBoston Financial. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Boston Financial in writing. The Transfer Agent Fund must notify the Bank Boston Financial immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Boston Financial shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 The Bank 7.3 Boston Financial shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository 7.4 Boston Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankBoston Financial's receipt of such payment order, or ; (b) if the Bankinitiating such payment order would cause Boston Financial, in Boston Financial's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to Boston Financial; or (c) if Boston Financial, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 The Bank 7.5 Boston Financial shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Boston Financial reasonable opportunity to act. However, the Bank Boston Financial assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 The Bank 7.6 Boston Financial shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Boston Financial complies with the payment order instructions as received and the Bank Boston Financial complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 The Bank 7.7 Boston Financial shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Boston Financial is notified of the unauthorized payment order within thirty sixty (3060) days of notification by the Bank Boston Financial of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Boston Financial be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 7.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, State Street will act as an Originating Depository Financial Institution and/or Receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by State Street with respect to an ACH credit entry are provisional until State Street receives final settlement for such entry from the Federal Reserve Bank. If State Street does not receive such final settlement, the Fund agrees that State Street shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 7.9 Confirmation of BankBoston Financial's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the BankBoston Financial's proprietary information systems, or by facsimile or call-back. Client The Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Dodge & Cox Balanced Fund/Ca)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial Code------------------------------------------------------------------------- Code ---- 3.1 4.1 The Bank is authorized to promptly debit the appropriate Transfer Agent account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank has been instructed to transfer. The Bank shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Agent instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time time-frame will be deemed to have been received the next business day. 3.2 4.2 The Transfer Agent acknowledges that the Security Procedure it has designated on the Transfer Agent Selection Form was selected by the Transfer Agent from security procedures Security Procedures offered by the Bank. The Transfer Agent shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Transfer Agent must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer Agent's authorized personnel. The Bank shall verify the authenticity of all such instructions according to the Security Procedure. 3.3 4.3 The Bank shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 4.4 When a the Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 4.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order; (b) if initiating such payment order would cause the Bank, in the Bank's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits upon wire transfers which are applicable to the Bank; or (bc) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 4.6 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 4.7 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 4.8 The Bank shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order unless the Bank is notified of the unauthorized payment order within thirty (30) days of or notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 4.9 Confirmation of Bank's execution of payment orders shall ordinarily be provided within 24 hours notice of which may be delivered through the Bank's proprietary information systems, or by facsimile or call-back. Client must report any objections to the execution of an order within 30 days.

Appears in 1 contract

Samples: Sub Transfer Agency Agreement (Phoenix Multi Portfolio Fund)

Wire Transfer Operating Guidelines. Articles ARTICLES 4A of the Uniform Commercial CodeOF THE UNIFORM COMMERCIAL CODE 3.1 5.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 5.2 The Transfer Agent Trust acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Trust from security procedures offered by the BankTransfer Agent. The Transfer Agent Trust shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Trust must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentTrust's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Trust instructions according to the Security Procedure. 3.3 5.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 5.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 5.5 The Bank Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 5.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 5.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 5.8 When the Trust initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Transfer Agent. If the Transfer Agent does not receive such final settlement, the Trust agrees that the Transfer Agent shall receive a refund of the amount credited to the Trust in connection with such entry, and the party making payment to the Trust via such entry shall not be deemed to have paid the amount of the entry. 5.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 hours twenty-four (24) hours, notice of which may be delivered through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client The Trust must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Custodian Agreement (Huntington Va Funds)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial Code------------------------------------------------------------------------ Code ---- 3.1 5.1 The Bank Servicing Agent is authorized to promptly debit the appropriate Transfer Agent account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Servicing Agent has been instructed to transfer. The Bank Servicing Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Agent instructions on the execution date provided that such payment order is received by the customary deadline (the close of business of the New York Stock Exchange, generally 4:00 p.m. EST) for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 5.2 The Transfer Agent acknowledges that the Security Procedure it has designated on the Transfer Agent Selection Form was selected by the Transfer Agent from security procedures offered by the BankServicing Agent. The Transfer Agent shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Servicing Agent in writing. The Transfer Agent must notify the Bank Servicing Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer Agent's authorized personnel. The Bank Servicing Agent shall verify the authenticity of all such Transfer Agent instructions according to the Security Procedure. 3.3 5.3 The Bank Servicing Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 5.4 The Servicing Agent reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Servicing Agent's receipt of such payment order; (b) if initiating such payment order would cause the Servicing Agent, in the Servicing Agent's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Servicing Agent; or (c) if the Servicing Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 5.5 The Servicing Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Servicing Agent reasonable opportunity to act. However, the Servicing Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 5.6 The Servicing Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Servicing Agent complies with the payment order instructions as received and the Servicing Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 5.7 The Servicing Agent shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Servicing Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Servicing Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Servicing Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 5.8 When a the Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank Servicing Agent will act as an Originating Depository Financial Institution and/or receiving Depository depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank Servicing Agent with respect to an ACH credit entry are provisional until the Bank Servicing Agent receives final settlement for such entry from the Federal Reserve BankServicing Agent. If the Bank Servicing Agent does not receive such final settlement, the Transfer Agent agrees that the Bank Servicing Agent shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order, or (b) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if requests are received in a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 The Bank shall assume no responsibility for lost interest with respect to the retransfer Agentable amount of any unauthorized payment order unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 5.9 Confirmation of BankServicing Agent's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the BankServicing Agent's proprietary information systems, or by facsimile or call-back. Client Transfer Agent must report any objections to the execution of an order within 30 thirty (30) days. 5.10 The Bank shall use its best efforts, on the Transfer Agent's behalf, to obtain through banking channels any payments made in error for whatever reason.

Appears in 1 contract

Samples: Sub Transfer Agency and Service Agreement (Mainstay Funds)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial CodeCode --------------------------------------------------------------- 3.1 8.1 The Bank Transfer Agent is authorized to promptly debit the appropriate Transfer Agent Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank Transfer Agent has been instructed to transfer. The Bank Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Funds' instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day. 3.2 8.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Transfer Agent Fund Selection Form was selected by the Transfer Agent Fund from security procedures offered by the BankTransfer Agent. The Transfer Agent Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank Transfer Agent in writing. The Transfer Agent Fund must notify the Bank Transfer Agent immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer AgentFund's authorized personnel. The Bank Transfer Agent shall verify the authenticity of all such Fund instructions according to the Security Procedure. 3.3 8.3 The Bank Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 When a 8.4 The Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankTransfer Agent's receipt of such payment order, or ; (b) if initiating such payment order would cause the BankTransfer Agent, in the Transfer Agent's sole judgment, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) if the Transfer Agent, in good faith, is unable to satisfy itself that the transaction has been properly authorized.. If the Transfer Agent exercises its rights pursuant to Section 8.4 of ----------- this Agreement the Transfer Agent shall notify the Funds by confirmation pursuant to Section 8.9 of this Agreement. ----------- 3.6 8.5 The Bank Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank Transfer Agent reasonable opportunity to act. However, the Bank Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 8.6 The Bank Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank Transfer Agent complies with the payment order instructions as received and the Bank Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 8.7 The Bank Transfer Agent shall assume no responsibility for lost interest with respect to the retransfer Agentable refundable amount of any unauthorized payment order order, unless the Bank Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Bank Transfer Agent of the acceptance execution of such payment orderorder pursuant to Section 8.9 of this Agreement. ----------- In no event (including failure to execute a payment order) shall the Bank Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 8.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or Receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 8.9 Confirmation of BankTransfer Agent's execution of payment orders shall ordinarily be provided within 24 twenty-four (24) hours notice of which and may be delivered to the Fund through the BankTransfer Agent's proprietary information systems, or by facsimile or call-back. Client Fund must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Wells Fargo Variable Trust)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform ------------------------------------------------------------- Commercial CodeCode --------------- 3.1 5.1 The Bank is authorized to promptly debit the appropriate Transfer Agent account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank has been instructed to transfer. The Bank shall execute payment orders in compliance with the Security Procedure and with the Transfer Agent's Agent instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this time frame the customary deadline will be deemed to have been received the next business day.. 5 3.2 5.2 The Transfer Agent acknowledges that the Security Procedure it has designated on the Transfer Agent Selection Form was selected by the Transfer Agent from security procedures offered by the Bank. The Transfer Agent shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Transfer Agent must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Transfer Agent's authorized personnel. The Bank shall verify the authenticity of all such Transfer Agent instructions according to the Security Procedure. 3.3 5.3 The Bank shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 3.4 5.4 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order; (b) if initiating such payment order would cause the Bank, in the Bank's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Bank; or (c) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 5.5 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 5.6 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 5.7 The Bank shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 6 5.8 When a the Transfer Agent initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving Depository depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Transfer Agent agrees that the Bank shall receive a refund of the amount credited to the Transfer Agent in connection with such entry, and the party making payment to the Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 3.5 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order, or (b) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 3.6 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received if requests are received in a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 3.7 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 3.8 The Bank shall assume no responsibility for lost interest with respect to the retransfer Agentable amount of any unauthorized payment order unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 3.9 5.9 Confirmation of Bank's execution of payment orders shall ordinarily be provided within 24 twenty four (24) hours notice of which may be delivered through the Bank's proprietary information systems, or by facsimile or call-back. Client Transfer Agent must report any objections to the execution of an order within 30 thirty (30) days.

Appears in 1 contract

Samples: Sub Transfer Agency and Service Agreement (Fremont Mutual Funds Inc)

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