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, Chase shall act only upon Proper Instructions. Chase may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Articles or By-Laws or any vote or resolution of the Fund's Board of Directors or any committee thereof. Chase shall be entitled to rely upon any Proper Instructions actually received by Chase pursuant to this Agreement. The Fund agrees that Chase shall incur no liability for following Proper Instructions given to Chase.. In accord with instructions from the Fund, as required by accepted industry practice or as Chase may elect in effecting the execution of Fund instructions, advances of cash or other Property made by Chase, 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 owed to Chase by the Fund, or to any other party which has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property, shall be deemed a loan by Chase to the Fund, payable on demand, bearing interest at such rate customarily charged by Chase for similar loans. (b) The Fund agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such arrangements, methods or devices as Chase may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase or by the Fund as a result of Chase's acting in accordance with instructions from any unauthorized person using the proper security device, unless such unauthorized use is a result of Chase's negligence or willful misconduct. Chase may electronically record, but shall not be obligated to so record, any instructions given by telephone and any other telephone discussions with respect to the Fund. In the event that the Fund uses Chase's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of Chase, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Chase's facsimile receiving equipment or by letter, at no additional charge to the Fund. (c) Chase shall transmit promptly to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department at least three business days prior to the date on which Chase is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.

INSTRUCTIONS CONSISTENT WITH THE ARTICLES, ETC. (a) Unless otherwise provided in this Agreement, Chase shall act only upon Proper Written Instructions. Chase may assume that any Proper Written Instructions received hereunder are not in any way inconsistent with any provision of the Articles or By-Laws of the Company or any vote or resolution of the FundCompany's Board of Directors Directors, or any committee thereof. Chase shall be entitled to rely upon any Proper Written Instructions actually received by Chase pursuant to this Agreement. The Fund Company agrees that Chase shall incur no liability for following Proper in acting upon Written Instructions given to Chase.. . In accord with instructions from the FundCompany, as required by accepted industry practice or as Chase may elect in effecting the execution of Fund Company instructions, advances of cash or other Property made by Chase, arising from the purchase, sale, redemption, transfer or other disposition of Property of the FundCompany, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities owed to Chase by the FundCompany, or to any other party which has secured judgment in a court of law against the Fund Company which creates an overdraft in the accounts or over-delivery of Property, Property shall be deemed a loan by Chase to the FundCompany, payable on demand, bearing interest at such rate customarily charged by Chase for similar loans. (b) . The Fund Company agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions which the Fund Company may give by telephone, telex, TWX, facsimile transmissionfacsimile, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such arrangements, methods or devices as Chase may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase or by the Fund as a result of Chase's acting in accordance with instructions from any unauthorized person using the proper security device, unless such unauthorized use is a result of Chase's negligence or willful misconduct. Chase may electronically record, but shall not be obligated to so record, any instructions given by telephone and any other telephone discussions with respect to the Fund. In the event that the Fund uses Chase's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of Chase, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Chase's facsimile receiving equipment or by letter, at no additional charge to the Fund. (c) Chase shall transmit promptly to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department at least three business days prior to the date on which Chase is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.accordance

INSTRUCTIONS CONSISTENT WITH THE ARTICLES, ETC. (a) Unless otherwise provided in this Agreement, Chase shall act only upon Proper Instructions. Chase may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Articles or By-Laws or any vote or resolution of the Fund's Board of Directors or any committee thereof. Chase shall be entitled to rely upon any Proper Instructions actually received by Chase pursuant to this Agreement. The Fund agrees that Chase shall incur no liability for following in acting in good faith upon Proper Instructions given to Chase.. , except to the extent such liability was incurred as a result of Chase's negligence or willful misconduct. In accord with instructions from the Fund, as required by accepted industry practice or as Chase may elect in effecting the execution of Fund instructions, advances of cash or other Property made by Chase, 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 owed to Chase by the Fund, or to any other party which has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property, shall be deemed a loan by Chase to the Fund, payable on demand, bearing interest at such rate customarily charged by Chase for similar loans. (b) The Fund agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such arrangements, methods or devices as Chase may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase or by the Fund as a result of Chase's acting in accordance with instructions from any unauthorized person using the proper security devicedevice except to the extent such loss, unless such unauthorized use is liability or damage was incurred as a result of Chase's negligence or willful misconduct. Chase may electronically record, but shall not be obligated to so record, any instructions given by telephone and any other telephone discussions with respect to the Fund. In the event that the Fund uses Chase's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of Chase, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Chase's facsimile receiving equipment or by letter, at no additional charge to the Fund. (c) Chase shall transmit promptly to the Fund all written information (including, without limitation, pendency of calls and maturities of securities and expirations of rights in connection therewith and notices of exercise of call and put options written by the Fund and the maturity of futures contracts purchased or sold by the Fund) received by Chase's Corporate Actions Department Chase from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department Chase from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department Chase at least three business days prior to the date on which Chase is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.