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 Company or Authorized Persons and acknowledged and accepted by the Custodian and/or its Sub-custodian(s) (subject to the same limits as to acknowledgements as are contained in Subsection (b), above) and Instructions by SWIFT or telefax (whether tested or untested). When an Instruction is given by means established under Subsections (a) through (c), 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 the Authorized Person shall be solely responsible for determining that the particular means chosen is reasonable under the circumstances. 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, illegible or unauthorized telefax instructions. The provisions of Section 4A of the Uniform Commercial Code shall apply to funds transfers performed in accordance with Instructions.

Appears in 2 contracts

Samples: Form of Custody Agreement (Peachtree Alternative Strategies Fund), Custody Agreement (Peachtree Alternative Strategies Fund)

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Other Forms of Instruction. Instructions may also be transmitted by another means determined by the Company Trust or Authorized Persons and acknowledged and accepted by the Custodian and/or its Sub-custodian(s) (subject to the same limits as to acknowledgements as are contained in Subsection (b), above) and including Instructions by SWIFT or telefax (whether tested or untested). When an Instruction is given by means established under Subsections (a) through (c), 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 the Authorized Person shall be solely responsible for determining that the particular means chosen is reasonable under the circumstances. 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, illegible or unauthorized telefax instructions. The provisions of Section 4A of the Uniform Commercial Code shall apply to funds transfers performed in accordance with Instructions.

Appears in 1 contract

Samples: Custody Agreement (Cross Shore Discovery Fund)

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Other Forms of Instruction. Instructions may also be transmitted by another means determined by the Company Trust or Authorized Persons and acknowledged and accepted by the Custodian and/or its Sub-custodian(s) (subject to the same limits as to acknowledgements as are contained in Subsection (b)4.2.1, above) and including Instructions given by SWIFT or telefax (whether tested or untested). When an Instruction is given by means established under Subsections (a) 4.2.1 through (c)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 the Authorized Person shall be solely responsible for determining that the particular means chosen is are reasonable under the circumstances. With respect to telefax instructionstransmissions, the parties agree and acknowledge Trust hereby acknowledges that receipt of legible instructions cannot be assured. Therefore, that if the Custodian cannot verify the contents of such instructions or that authorized signatures on telefax instructions are original or properly affixedoriginal, and the Trust acknowledges that the Custodian shall will not be liable process such Instructions without receiving confirmation thereof from the Trust and will have no liability for losses or expenses incurred through actions taken any such delay in reliance on inaccurately stated, illegible or unauthorized telefax instructionsprocessing. The provisions of Section 4A of the Uniform Commercial Code shall apply to funds transfers Funds Transfers performed in accordance with Instructions. The Funds Transfer Services Schedule and the Electronic and Online Services Schedule to this Agreement shall each comprise a designation of a means of delivering Instructions for purposes of this Section 4.2.

Appears in 1 contract

Samples: Custodian Agreement (NuShares ETF Trust)

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