Common use of Other Forms of Instruction Clause in Contracts

Other Forms of Instruction. Instructions may also be transmitted by another means determined by the Trust or Authorized Persons and acknowledged and accepted by the Custodian (subject to the same limits as to acknowledgements as is contained in Subsection 4.2.1, above) including Instructions given orally or by SWIFT, telex or telefax (whether tested or untested). When an Instruction is given by means established under Subsections 4.2.1 through 4.2.3, it shall be the responsibility of the Custodian to use reasonable care to adhere to any security or other procedures established in writing between the Custodian and the Authorized Person with respect to such means of Instruction, but such Authorized Person shall be solely responsible for determining that the particular means chosen is reasonable under the circumstances. Oral Instructions will not be accepted by the Custodian. With respect to telefax instructions, the parties agree and acknowledge that the Custodian cannot verify that authorized signatures on telefax instructions are original or properly affixed, and that the Custodian shall not be liable for losses or expenses incurred through actions taken in reliance on inaccurately stated telefax instructions, or telefax instructions on which authorized signatures are illegible, not original or not properly affixed. In no event will the Custodian act upon the receipt of illegible telefax instructions. The provisions of Section 4A of the Uniform Commercial Code shall apply to Funds Transfers performed in accordance with Instructions. The Funds Transfer Services Schedule to this Agreement as such schedule may be executed at such time hereafter as may be agreed by the parties hereto, shall comprise a designation of form of a means of delivering Instructions for purposes of funds transfer only.

Other Forms of Instruction. Instructions may also be transmitted by another means determined by the Trust or Authorized Persons and acknowledged and accepted by the Custodian (subject to the same limits as to acknowledgements as is are contained in Subsection 4.2.1, above) including Instructions given orally or by SWIFT, telex or telefax (whether tested or untested). When an Instruction is given by means established under Subsections 4.2.1 through 4.2.3, it shall be the responsibility of the Custodian to use reasonable care adhere to the Standard of Care and to adhere to any security or other procedures established in writing between the Custodian and the Authorized Person with respect to such means of Instruction, but such the Authorized Person shall be solely responsible for determining that the particular means chosen is reasonable under the circumstances. Oral Instructions will not shall be accepted binding upon the Custodian only if and when the Custodian takes action with respect thereto. Written Instructions shall be binding upon the Custodian upon receipt, provided that a written Instruction shall be deemed received by the CustodianCustodian (a) if transmitted via SWIFT, upon transmission by the Trust; and (b) if sent by registered receipt mail, the date indicated on the receipt. With respect to telefax instructions, the parties agree and acknowledge that receipt of legible instructions cannot be assured, that the Custodian cannot verify that authorized signatures on telefax instructions are original or properly affixed, and that the Custodian shall not be liable for losses or expenses incurred through actions taken in reliance on inaccurately stated telefax instructionsstated, illegible or telefax instructions on which authorized signatures are illegible, not original or not properly affixed. In no event will the Custodian act upon the receipt of illegible unauthorized telefax instructions. The provisions of Section 4A of the Uniform Commercial Code shall apply to Funds Transfers performed in accordance with Instructions. The Funds Trusts Transfer Services Schedule and the Electronic and Online Services Schedule to this Agreement as such schedule may be executed at such time hereafter as may be agreed by the parties hereto, shall each comprise a designation of form of a means of delivering Instructions for purposes of funds transfer onlythis Section 4.2.

Other Forms of Instruction. Instructions may also be transmitted by another means determined by the Trust Fund or Authorized Persons and acknowledged and accepted by the Custodian (subject to the same limits as to acknowledgements as is are contained in Subsection 4.2.1, above) including but not limited to Instructions given orally or by SWIFT, telex SWIFT or telefax (whether tested or untested). When an Instruction is given by means established under Subsections 4.2.1 through 4.2.3, it shall be the responsibility of the Custodian to use reasonable care to adhere to any security or other procedures established in writing between the Custodian and the Authorized Person with respect to such means of Instruction, but such the Authorized Person shall be solely responsible for determining that the particular means chosen is reasonable under the circumstances. Oral Instructions will not be accepted circumstances (unless such method is a secured or authenticated electro- mechanical product proprietary to the Custodian and offered to the Fund by the Custodian). With respect to telefax instructionsInstructions, the parties agree and acknowledge that receipt of legible telefax Instructions cannot be assured, that the Custodian cannot verify that authorized signatures on telefax instructions Instructions are original or properly affixed, and that the Custodian shall not be liable for losses or expenses incurred through actions taken in reasonable reliance on inaccurately stated stated, illegible or unauthorized telefax instructions, or telefax instructions on which authorized signatures are illegible, not original or not properly affixed. In no event will the Custodian act upon the receipt of illegible telefax instructionsInstructions. The provisions of Section 4A of the Uniform Commercial Code shall apply to Funds Transfers performed in accordance with Instructions. The Funds Transfer Services Schedule and the Electronic and Online Services Schedule to this Agreement as such schedule may be executed at such time hereafter as may be agreed by the parties hereto, shall each comprise a designation of a form of a means of delivering Instructions for purposes of funds transfer onlythis Section 4.2.

Other Forms of Instruction. Instructions may also be transmitted by another means determined by the Trust Fund or Authorized Persons and acknowledged and accepted by the Custodian (subject to the same limits as to acknowledgements as is contained in Subsection Section 4.2.1, above) including including, but not limited to, Instructions given orally or by SWIFT, telex or telefax (whether tested or untested). When an Instruction is given by means established under Subsections Sections 4.2.1 through 4.2.34.2.3 above, it shall be the responsibility of the Custodian to use reasonable care to adhere to any security or other procedures established in writing between the Custodian and the Authorized Person with respect to such means of Instruction, but such Authorized Person shall be solely responsible for determining that the particular means chosen is reasonable under the circumstancescircumstances (unless such method is a product proprietary to the Custodian and offered to the Fund by the Custodian). Oral Instructions will not shall be accepted by binding upon the CustodianCustodian only if and when the Custodian takes action with respect thereto. With respect to telefax instructions, the parties agree and acknowledge that receipt of legible Instructions cannot be assured, that the Custodian cannot verify that authorized signatures on telefax instructions are original or properly affixed, and that the Custodian shall not be liable for losses or expenses incurred through actions taken in reasonable reliance on inaccurately stated stated, illegible or unauthorized telefax instructions, . Custodian shall promptly notify the Fund once it becomes aware that it has received an illegible or telefax instructions on which authorized signatures are illegible, not original or not properly affixed. In no event will the Custodian unauthorized Instruction and shall be protected in waiting to act upon the receipt of illegible telefax instructionsuntil such Instruction is clarified. The provisions of Section 4A of the Uniform Commercial Code shall apply to Funds Transfers performed in accordance with Instructions. The Funds Transfer Services Schedule and the Electronic and Online Services Schedule to this Agreement as such schedule may be executed at such time hereafter as may be agreed by the parties hereto, shall comprise a designation of form of a means of delivering Instructions for purposes of funds transfer onlythis Section 4.2.