Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 47 contracts
Sources: Transfer Agency and Related Services Agreement (Sma Relationship Trust), Transfer Agency Services Agreement (Aquila Three Peaks High Income Fund), Transfer Agency and Related Services Agreement (Painewebber Master Series Inc)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 21 contracts
Sources: Administration and Accounting Services Agreement (Offitbank Investment Fund Inc), Administration and Accounting Services Agreement (Wt Mutual Fund), Administration and Accounting Services Agreement (Wt Mutual Fund)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 21 contracts
Sources: Transfer Agency Services Agreement (Eii Realty Securities Trust), Transfer Agency Services Agreement (Eii Realty Securities Fund), Transfer Agency Services Agreement (Offitbank Investment Fund Inc)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth provided for in this Agreement.
Appears in 5 contracts
Sources: Transfer Agency Services and Shareholder Services Agreement (Kidder Peabody California Tax Exempt Money Fund), Transfer Agency Services and Shareholder Services Agreement (Mitchell Hutchins Kidder Peabody Investment Trust Iii), Transfer Agency Services and Shareholder Services Agreement (Kidder Peabody Cash Reserve Fund Inc)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 4 contracts
Sources: Transfer Agency Services Agreement (Pax World Growth Fund Inc), Transfer Agency Services Agreement (BFM Institutional Trust Inc), Transfer Agency Services Agreement (Haven Capital Management Trust)
Conflicting Advice. In the event of a conflict between directions, ------------------ advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 4 contracts
Sources: Transfer Agency and Related Services Agreement (Painewebber Index Trust), Transfer Agency and Related Services Agreement (Painewebber Investment Series), Transfer Agency and Related Services Agreement (Painewebber Investment Trust Ii)
Conflicting Advice. In the event of a conflict between ------------------ directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 4 contracts
Sources: Transfer Agency and Related Services Agreement (Brinson Money Series), Transfer Agency and Related Services Agreement (Painewebber Series Trust), Transfer Agency and Related Services Agreement (Brinson Funds Inc)
Conflicting Advice. In the event of a conflict between directions, advice or advice, Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 4 contracts
Sources: Administration and Accounting Services Agreement (Foreign Fund Inc), Administration and Accounting Services Agreement (Webs Index Fund Inc), Administration and Accounting Services Agreement (Foreign Fund Inc)
Conflicting Advice. In the event of a conflict between directions, ------------------ advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 3 contracts
Sources: Administration and Accounting Services Agreement (RBB Fund Inc), Accounting Services Agreement (Conseco Strategic Income Fund), Administration and Accounting Services Agreement (Lasalle Real Estate Securities Fund Inc)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from EII or the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 3 contracts
Sources: Sub Administration and Accounting Services Agreement (Eii Realty Securities Trust), Sub Administration and Accounting Services Agreement (Eii Realty Securities Fund), Sub Administration and Accounting Services Agreement (Eii Realty Securities Trust)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 3 contracts
Sources: Accounting Services Agreement (Astra Strategic Investment Series), Administration and Accounting Services Agreement (BFM Institutional Trust Inc), Accounting Services Agreement (Astra Institutional Securities Trust)
Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable responsible for any action or omission on the part of PFPC in carrying out such advice which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 3 contracts
Sources: Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services Agreement (RBB Fund Inc)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the FundTrust, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 2 contracts
Sources: Transfer Agency Services Agreement (Hambrecht & Quist Fund Trust), Transfer Agency Services Agreement (Hambrecht & Quist Fund Trust)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Trust and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 2 contracts
Sources: Administration and Accounting Services Agreement (Hambrecht & Quist Fund Trust), Administration and Accounting Services Agreement (Hambrecht & Quist Fund Trust)
Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC receives from the a Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable it shall be responsible for any action or omission on the its part of PFPC in carrying out such advice which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC it of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 2 contracts
Sources: Transfer Agency Services Agreement (Allegiant Funds), Transfer Agency Services Agreement (Allegiant Advantage Fund)
Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC receives from the CSFBAC or a Fund, and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In Involving an issue of compliance with law or legal requirements, PFPC Trust shall be entitle to rely upon and follow the event PFPC so relies on the reasonable advice of counsel, provided PFPC remains liable for any action or omission on Trust has discussed the part matter with the Fund and/or counsel of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreementthe Fund's choosing and the conflict is not resolved.
Appears in 2 contracts
Sources: Administration, Accounting and Investor Services Agreement (CSFB Alternative Capital Relative Value Fund, LLC), Administration, Accounting and Investor Services Agreement (CSFB Alternative Capital Long/Short Equity Institutional Fund, LLC)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund or RSMC and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 2 contracts
Sources: Sub Administration and Accounting Services Agreement (Rodney Square Tax Exempt Fund), Sub Administration and Accounting Services Agreement (Rodney Square Fund)
Conflicting Advice. In the event of a conflict between ------------------ directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth provided for in this Agreement.
Appears in 2 contracts
Sources: Transfer Agency Services and Shareholder Services Agreement (Paine Webber Kidder Peabody Municipal Money Market Series), Transfer Agency Services and Shareholder Services Agreement (Managed Accounts Services Portfolio Trust)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the FundTrust, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 2 contracts
Sources: Transfer Agency Agreement (Mitchell Hutchins Portfolios), Transfer Agency and Related Services Agreement (Mitchell Hutchins Securities Trust)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable liable, to the extent provided for in Paragraph 13 of this Agreement, for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Sources: Transfer Agency Services Agreement (Weiss Treasury Fund)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the FundFund or the Company, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Sources: Sub Transfer Agency Services Agreement (Morgan Stanley Fund Inc)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.. (d)
Appears in 1 contract
Sources: Transfer Agency Services Agreement (Offitbank Variable Insurance Fund Inc)
Conflicting Advice. In the event of a conflict between ------------------ directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Sources: Transfer Agency Services Agreement (Lasalle Real Estate Securities Fund Inc)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.. (d)
Appears in 1 contract
Sources: Administration and Accounting Services Agreement (Offitbank Variable Insurance Fund Inc)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the FundFund or VKAC, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Sources: Sub Transfer Agency Services Agreement (Morgan Stanley Fund Inc)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasancernisfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Sources: Administration and Accounting Services Agreement (Rodney Square Strategic Equity Fund)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC receives from the Fund, Fund and the advice it PFPC receives from counsel, PFPC may rely upon and follow the advice of counselcounsel after notice to the Fund. In the event PFPC so relies on the advice of counsel, PFPC remains liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Sources: Administration and Accounting Services Agreement (Master Investment Trust Series I)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC PNC receives from the Fund, and the advice it receives from counsel, PFPC PNC may rely upon and follow the advice of counsel. In the event PFPC PNC so relies on the advice of counsel, PFPC PNC remains liable for any action or omission on the part of PFPC PNC which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC PNC of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Sources: Transfer Agency Services Agreement (Managed High Yield Plus Fund Inc)
Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC receives from the Fund, and the advice it receives from counsel, PFPC may rely upon and follow the advice of counsel. In the event PFPC so relies on the advice of counsel, PFPC remains PPFC shall remain liable for any action or omission on the part of PFPC which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC of any duties, duties or obligations or responsibilities set forth in this Agreementherein.
Appears in 1 contract