Common use of Limitations in respect of Directions Clause in Contracts

Limitations in respect of Directions. The Custodian shall act in accordance with Directions given by an Authorized Individual in accordance with this Section 2, and shall be fully protected and absolved from any liability arising therefrom provided that the Custodian has implemented such Directions in accordance with the standard of care described in section 4.1 herein. Further, notwithstanding anything else in this Agreement, the Custodian shall not be required to comply with Directions to settle the purchase of any securities on behalf of a Fund unless there is sufficient cash in a Fund at the time, nor shall the Custodian be required to comply with Directions to settle the sale of any securities on behalf of a Fund unless such securities are in deliverable form. If the Custodian is not provided with Directions when required hereunder, then the Custodian shall be fully protected and absolved from any liability arising from the failure to act in the absence of Directions.

Appears in 7 contracts

Samples: Custodian Agreement, Custodian Agreement, Custodian Agreement

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Limitations in respect of Directions. The Custodian shall act in accordance with Directions given by an Authorized Individual Directions, and provided that it acts in accordance with this Section 2Directions, and shall be fully protected and absolved from any liability arising therefrom provided that the Custodian has implemented such Directions in accordance with the standard of care described in section 4.1 hereintherefrom. Further, notwithstanding anything else in this Agreement, the Custodian shall not be required to comply with Directions to settle the purchase of any securities on behalf of a the Fund unless there is sufficient cash in a the Fund at the time, nor shall the Custodian be required to comply with Directions to settle the sale of any securities on behalf of a the Fund unless such securities are in deliverable form. If the Custodian is not provided with Directions when required hereunder, then the Custodian shall be fully protected and absolved from any liability arising from the failure to act in the absence of Directions.

Appears in 1 contract

Samples: Custodian Agreement (APMEX Physical - 1 Oz. Gold Redeemable Trust)

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