Common use of INSTRUCTIONS CONSISTENT WITH THE ARTICLES, ETC Clause in Contracts

INSTRUCTIONS CONSISTENT WITH THE ARTICLES, ETC. a. Unless otherwise provided in this Agreement, Wachovia shall act only upon Proper Instructions. Wachovia may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Articles or Declaration or By-Laws of the Fund or any vote or resolution of the Fund's Board of Directors, or any committee thereof. Wachovia shall be entitled to rely upon any Proper Instructions it actually receives pursuant to this Agreement and which it reasonably believes an Authorized Person has given. The Fund agrees that Wachovia shall incur no liability in acting in good faith upon Proper Instructions that Wachovia reasonably believes an Authorized Person has given to Wachovia. The Fund agrees to forward to Wachovia Proper Instructions confirming oral instructions by the close of business of the same day that the oral instructions are given to Wachovia. However, the Fund agrees that where Wachovia does not receive confirming Proper Instructions or receives contrary Proper Instructions, the validity or enforceability of transactions the oral instructions authorize and which Wachovia carries out shall not be affected. b. In accordance with instructions from the Fund, as accepted industry practice requires or as Wachovia may elect in effecting Proper Instructions, Wachovia shall be deemed to make a loan to the Fund, payable on demand, bearing interest at a rate it customarily charges for similar loans, when Wachovia advances cash or other Property, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities the Fund owes to Wachovia, or to any other party that has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property. c. The Fund agrees that test arrangements, authentication methods or other security devices to be used for Proper Instructions which the Fund may give by telephone, telex, facsimile transmission, bank wire or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of the arrangements, methods or devices as Wachovia may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Wachovia makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage Wachovia or the Fund incurs as a result of Wachovia's acting in accordance with instructions from any unauthorized person using the proper security device unless the loss, liability or damage was incurred as a result of Wachovia's negligence or willful misconduct. Wachovia may, but is not obligated to, electronically record any instructions given by telephone and any other telephone discussions about the Account. In the event that the Fund uses Wachovia's PortfolioVision system, the Fund agrees that Wachovia is not responsible for the consequences of the failure of the system to perform for any reason, beyond the reasonable control of Wachovia, or the failure of any communications carrier, utility, or communications network. In the event the system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Wachovia's facsimile receiving equipment or by letter, at no less or additional charge to the Fund.

INSTRUCTIONS CONSISTENT WITH THE ARTICLES, ETC. a. Unless otherwise provided in this Agreement, Wachovia First Union shall act only upon Proper Instructions. Wachovia First Union may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Articles or Declaration or By-Laws of the Fund or any vote or resolution of the Fund's Board of DirectorsDirectors or Trustees, or any committee thereof. Wachovia First Union shall be entitled to rely upon any Proper Instructions it actually receives pursuant to this Agreement and which it reasonably believes an Authorized Person has given. The Fund agrees that Wachovia First Union shall incur no liability in acting in good faith upon Proper Instructions that Wachovia First Union reasonably believes an Authorized Person has given to WachoviaFirst Union. The Fund agrees to forward to Wachovia First Union Proper Instructions confirming oral instructions by the close of business of the same day that the oral instructions are given to WachoviaFirst Union. However, the Fund agrees that where Wachovia First Union does not receive confirming Proper Instructions or receives contrary Proper Instructions, the validity or enforceability of transactions the oral instructions authorize and which Wachovia First Union carries out shall not be affected. b. In accordance with instructions from the Fund, as accepted industry practice requires or as Wachovia First Union may elect in effecting Proper Instructions, Wachovia First Union shall be deemed to make a loan to the Fund, payable on demand, bearing interest at a rate it customarily charges for similar loans, when Wachovia First Union advances cash or other Property, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities the Fund owes to WachoviaFirst Union, or to any other party that has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property. c. The Fund agrees that test arrangements, authentication methods or other security devices to be used for Proper Instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of the arrangements, methods or devices as Wachovia First Union may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Wachovia First Union makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage Wachovia First Union or the Fund incurs as a result of WachoviaFirst Union's acting in accordance with instructions from any unauthorized person using the proper security device unless the loss, liability or damage was incurred as a result of WachoviaFirst Union's negligence or willful misconduct. Wachovia First Union may, but is not obligated to, electronically record any instructions given by telephone and any other telephone discussions about the Account. In the event that the Fund uses WachoviaFirst Union's PortfolioVision systemSEI Trust System, the Fund agrees that Wachovia First Union is not responsible for the consequences of the failure of the system SEI Trust System or network to perform for any reason, beyond the reasonable control of WachoviaFirst Union, or the failure of any communications carrier, utility, or communications network. In the event the system SEI Trust System or network is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to WachoviaFirst Union's facsimile receiving equipment or by letter, at no less or additional charge to the Fund.

INSTRUCTIONS CONSISTENT WITH THE ARTICLES, ETC. a. Unless otherwise provided in this Agreement, Wachovia shall act only upon Proper Instructions. Wachovia may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Articles or Declaration of Trust or By-Laws of the Fund Trust or any vote or resolution of the Fund's Board of DirectorsTrustees, or any committee thereof. Wachovia shall be entitled to rely upon any Proper Instructions it actually receives pursuant to this Agreement and which it reasonably believes an Authorized Person has given. The Fund Trust agrees that Wachovia shall incur no liability in acting in good faith upon Proper Instructions that Wachovia reasonably believes an Authorized Person has given to Wachovia. The Each Fund agrees to forward to Wachovia Proper Instructions confirming or disavowing oral instructions by the close of business of the same day that the oral instructions are given to Wachovia. However, the each Fund agrees that where Wachovia does not receive confirming Proper Instructions or receives contrary Proper Instructions, the validity or enforceability of transactions the oral instructions authorize and which Wachovia carries out shall not be affected. b. In accordance with instructions from the a Fund, as accepted industry practice requires or as Wachovia may elect in effecting Proper Instructions, Wachovia shall be deemed to make a loan to the Fund, payable on demand, bearing interest at a rate it customarily charges for similar loans, when Wachovia advances cash or other Property, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities the Fund owes to Wachovia, or to any other party that has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property. c. The Each Fund agrees that test arrangements, authentication methods or other security devices to be used for Proper Instructions which the Fund may give by telephone, telex, facsimile transmission, bank wire or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of the arrangements, methods or devices as Wachovia may put into effect and modify from time to time. The Each Fund shall safeguard any test keys, identification codes or other security devices which Wachovia makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage Wachovia or the Fund incurs as a result of Wachovia's acting in accordance with instructions from any unauthorized person using the proper security device unless the loss, liability or damage was incurred as a result of Wachovia's negligence or willful misconduct. Wachovia may, but is not obligated to, electronically record any instructions given by telephone and any other telephone discussions about the Account. In the event that the a Fund uses electronic means to communicate transaction instructions to Wachovia's PortfolioVision system, the each Fund agrees that Wachovia is not responsible for the consequences of the failure of the any system or network to perform for any reason, beyond the reasonable control of Wachovia, or the failure of any communications carrier, utility, or communications network. In the event the any such system or network is inoperable, the Fund agrees that it will accept send the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Wachovia's facsimile receiving equipment or by letter, at no less or additional charge to the Fund.

INSTRUCTIONS CONSISTENT WITH THE ARTICLES, ETC. a. Unless otherwise provided in this Agreement, Wachovia shall act only upon Proper Instructions. Wachovia may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Articles or Declaration or By-Laws of the Fund or any vote or resolution of the Fund's Board of DirectorsDirectors or Trustees, or any committee thereof. Wachovia shall be entitled to rely upon any Proper Instructions it actually receives pursuant to this Agreement and which it reasonably believes an Authorized Person has given. The Fund agrees that Wachovia shall incur no liability in acting in good faith upon Proper Instructions that Wachovia reasonably believes an Authorized Person has given to Wachovia. The Fund agrees to forward to Wachovia Proper Instructions confirming oral instructions by the close of business of the same day that the oral instructions are given to Wachovia. However, the Fund agrees that where Wachovia does not receive confirming Proper Instructions or receives contrary Proper Instructions, the validity or enforceability of transactions the oral instructions authorize and which Wachovia carries out shall not be affected. b. In accordance with instructions from the Fund, as accepted industry practice requires or as Wachovia may elect in effecting Proper Instructions, Wachovia shall be deemed to make a loan to the Fund, payable on demand, bearing interest at a rate it customarily charges for similar loans, when Wachovia advances cash or other Property, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities the Fund owes to Wachovia, or to any other party that has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property. c. The Fund agrees that test arrangements, authentication methods or other security devices to be used for Proper Instructions which the Fund may give by telephone, telex, facsimile transmission, bank wire or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of the arrangements, methods or devices as Wachovia may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Wachovia makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage Wachovia or the Fund incurs as a result of Wachovia's acting in accordance with instructions from any unauthorized person using the proper security device unless the loss, liability or damage was incurred as a result of Wachovia's negligence or willful misconduct. Wachovia may, but is not obligated to, electronically record any instructions given by telephone and any other telephone discussions about the Account. In the event that the Fund uses Wachovia's PortfolioVision system[IF WACHOVIA HAS A COMPUTER NETWORK TO WHICH THE FUND HAS ACCESS: IN THE EVENT THAT THE FUND USES WACHOVIA'S [NAME OF SYSTEM OR NETWORK], the Fund agrees that Wachovia is not responsible for the consequences of the failure of the system to perform for any reasonTHE FUND AGREES THAT WACHOVIA IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF THE FAILURE OF THE [SYSTEM OR NETWORK] TO PERFORM FOR ANY REASON, beyond the reasonable control of WachoviaBEYOND THE REASONABLE CONTROL OF WACHOVIA, or the failure of any communications carrierOR THE FAILURE OF ANY COMMUNICATIONS CARRIER, utilityUTILITY, or communications networkOR COMMUNICATIONS NETWORK. In the event the system is inoperableIN THE EVENT THE [SYSTEM OR NETWORK] IS INOPERABLE, the Fund agrees that it will accept the communication of transaction instructions by telephoneTHE FUND AGREES THAT IT WILL ACCEPT THE COMMUNICATION OF TRANSACTION INSTRUCTIONS BY TELEPHONE, facsimile transmission on equipment compatible to Wachovia's facsimile receiving equipment or by letterFACSIMILE TRANSMISSION ON EQUIPMENT COMPATIBLE TO WACHOVIA'S FACSIMILE RECEIVING EQUIPMENT OR BY LETTER, at no less or additional charge to the FundAT NO LESS OR ADDITIONAL CHARGE TO THE FUND.]

INSTRUCTIONS CONSISTENT WITH THE ARTICLES, ETC. a. Unless otherwise provided in this Agreement, Wachovia First Union shall act only upon Proper Instructions. Wachovia First Union may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Articles or Declaration or By-Laws of the Fund or any vote or resolution of the Fund's Board of DirectorsDirectors or Trustees, or any committee thereof. Wachovia First Union shall be entitled to rely upon any Proper Instructions it actually receives pursuant to this Agreement and which it reasonably believes an Authorized Person has given. The Fund agrees that Wachovia First Union shall incur no liability in acting in good faith upon Proper Instructions that Wachovia First Union reasonably believes an Authorized Person has given to WachoviaFirst Union. The Fund agrees to forward to Wachovia First Union Proper Instructions confirming oral instructions by the close of business of the same day that the oral instructions are given to WachoviaFirst Union. However, the Fund agrees that where Wachovia First Union does not receive confirming Proper Instructions or receives contrary Proper Instructions, the validity or enforceability of transactions the oral instructions authorize and which Wachovia First Union carries out shall not be affected. b. In accordance with instructions from the Fund, as accepted industry practice requires or as Wachovia First Union may elect in effecting Proper Instructions, Wachovia First Union shall be deemed to make a loan to the Fund, payable on demand, bearing interest at a rate it customarily charges for similar loans, when Wachovia First Union advances cash or other Property, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities the Fund owes to WachoviaFirst Union, or to any other party that has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property. c. The Fund agrees that test arrangements, authentication methods or other security devices to be used for Proper Instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of the arrangements, methods or devices as Wachovia First Union may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Wachovia First Union makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage Wachovia First Union or the Fund incurs as a result of WachoviaFirst Union's acting in accordance with instructions from any unauthorized person using the proper security device unless the loss, liability or damage was incurred as a result of WachoviaFirst Union's negligence or willful misconduct. Wachovia First Union may, but is not obligated to, electronically record any instructions given by telephone and any other telephone discussions about the Account. [IF FIRST UNION HAS A COMPUTER NETWORK TO WHICH THE FUND HAS ACCESS: In the event that the Fund uses WachoviaFirst Union's PortfolioVision system[name of system or network], the Fund agrees that Wachovia First Union is not responsible for the consequences of the failure of the [system or network] to perform for any reason, beyond the reasonable control of WachoviaFirst Union, or the failure of any communications carrier, utility, or communications network. In the event the [system or network] is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to WachoviaFirst Union's facsimile receiving equipment or by letter, at no less or additional charge to the Fund.]

INSTRUCTIONS CONSISTENT WITH THE ARTICLES, ETC. a. Unless otherwise provided in this Agreement, Wachovia First Union shall act only upon Proper Instructions. Wachovia First Union may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Articles or Declaration or By-Laws of the Fund or any vote or resolution of the Fund's Board of DirectorsDirectors or Trustees, or any committee thereof. Wachovia First Union shall be entitled to rely upon any Proper Instructions it actually receives pursuant to this Agreement and which it reasonably believes an Authorized Person has given. The Fund agrees that Wachovia First Union shall incur no liability in acting in good faith upon Proper Instructions that Wachovia First Union reasonably believes an Authorized Person has given to WachoviaFirst Union. The Fund agrees to forward to Wachovia First Union Proper Instructions confirming oral instructions by the close of business of the same day that the oral instructions are given to WachoviaFirst Union. However, the Fund agrees that where Wachovia First Union does not receive confirming Proper Instructions or receives contrary Proper Instructions, the validity or enforceability of transactions the oral instructions authorize and which Wachovia First Union carries out shall not be affected. b. In accordance with instructions from the Fund, as accepted industry practice requires or as Wachovia First Union may elect in effecting Proper Instructions, Wachovia First Union shall be deemed to make a loan to the Fund, payable on demand, bearing interest at a rate it customarily charges for similar loans, when Wachovia First Union advances cash or other Property, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities the Fund owes to WachoviaFirst Union, or to any other party that has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property. c. The Fund agrees that test arrangements, authentication methods or other security devices to be used for Proper Instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of the arrangements, methods or devices as Wachovia First Union may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Wachovia First Union makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage Wachovia First Union or the Fund incurs as a result of WachoviaFirst Union's acting in accordance with instructions from any -------------------------------------------------------------------------------- 13 unauthorized person using the proper security device unless the loss, liability or damage was incurred as a result of WachoviaFirst Union's negligence or willful misconduct. Wachovia First Union may, but is not obligated to, electronically record any instructions given by telephone and any other telephone discussions about the Account. [IF FIRST UNION HAS A COMPUTER NETWORK TO WHICH THE FUND HAS ACCESS: In the event that the Fund uses WachoviaFirst Union's PortfolioVision system[name of system or network], the Fund agrees that Wachovia First Union is not responsible for the consequences of the failure of the [system or network] to perform for any reason, beyond the reasonable control of WachoviaFirst Union, or the failure of any communications carrier, utility, or communications network. In the event the [system or network] is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to WachoviaFirst Union's facsimile receiving equipment or by letter, at no less or additional charge to the Fund.]