Common use of Representations and Responsibilities Clause in Contracts

Representations and Responsibilities. The IRA Owner represents and warrants to the Custodian that any information he or she has given or will give to the Custodian with respect to this Agreement is complete and accurate. Further, the IRA Owner agrees that any directions the IRA Owner gives, or action the IRA Owner takes will be proper under this Agreement, and that the Custodian is entitled to rely upon any such information or directions. If the Custodian fails to receive directions from the IRA Owner regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or the Custodian, in good faith, believes that any transaction requested is in dispute, the Custodian reserves the right to take no action until further clarification acceptable to the Custodian is received from the IRA Owner or the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the IRA Owner’s directions to the Custodian, or the IRA Owner’s actions or failures to act, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions, or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA Owner incurs in connection with the IRA. The Custodian has no duty to determine whether the IRA Owner’s contributions or distributions comply with the Code, Regulations, rulings, or this Agreement. The Custodian may permit the IRA Owner to appoint, through written notice acceptable to the Custodian, an authorized agent to act on the IRA Owner’s behalf with respect to this Agreement (e.g., attorney-in- fact, executor, administrator, investment manager), however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian shall not be responsible for losses of any kind that may result from directions, actions or failures to act by the IRA Owner’s authorized agent, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act by the IRA Owner’s authorized agent. The IRA Owner will have sixty (60) days after receiving any documents, statements, or other information from the Custodian to notify the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If the IRA Owner does not notify the Custodian within 60 days, the documents, statements, or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information, or the transactions described therein. By performing services under this Agreement the Custodian is acting as the IRA Owner’s agent. The IRA Owner acknowledges and agrees that nothing in this Agreement shall be construed as conferring fiduciary status upon the Custodian. The Custodian shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder with respect to IRAs. The IRA Owner agrees to indemnify and hold the Custodian harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney’s fees, arising from, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement the Custodian may accept or provide such information in any other form permitted by the Code or applicable regulations.

Appears in 39 contracts

Samples: secure.alpsinc.com, Ira Prototype Plan Agreement, 170.40.165.168

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Representations and Responsibilities. The IRA Owner represents and warrants to the Custodian that any information he or she has given or will give to the Custodian with respect to this Agreement is complete and accurate. Further, the IRA Owner agrees that any directions the IRA Owner gives, or action the IRA Owner takes will be proper under this Agreement, and that the Custodian is entitled to rely upon any such information or directions. If the Custodian fails to receive directions from the IRA Owner regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or the Custodian, in good faith, believes that any transaction requested is in dispute, the Custodian reserves the right to take no action until further clarification acceptable to the Custodian is received from the IRA Owner or the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the IRA Owner’s directions to the Custodian, or the IRA Owner’s actions or failures to act, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions, or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA Owner incurs in connection with the IRA. The Custodian has no duty to determine whether the IRA Owner’s contributions or distributions comply with the Code, Regulations, rulings, or this Agreement. The Custodian may permit the IRA Owner to appoint, through written notice acceptable to the Custodian, an authorized agent to act on the IRA Owner’s behalf with respect to this Agreement (e.g., attorney-in- fact, executor, administrator, investment manager), however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian shall not be responsible for losses of any kind that may result from directions, actions or failures to act by the IRA Owner’s authorized agent, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act by the IRA Owner’s authorized agent. The IRA Owner will have sixty (60) days after receiving any documents, statements, or other information from the Custodian to notify the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If the IRA Owner does not notify the Custodian within 60 days, the documents, statements, or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information, or the transactions described therein. therein.‌‌‌ By performing services under this Agreement the Custodian is acting as the IRA Owner’s agent. The IRA Owner acknowledges and agrees that nothing in this Agreement shall be construed as conferring fiduciary status upon the Custodian. The Custodian shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder with respect to IRAs. The IRA Owner agrees to indemnify and hold the Custodian harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney’s fees, arising from, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement the Custodian may accept or provide such information in any other form permitted by the Code or applicable regulations.

Appears in 17 contracts

Samples: Ira Prototype Plan Agreement, Ira Prototype Plan Agreement, Ira Prototype Plan Agreement

Representations and Responsibilities. The IRA Owner represents and warrants to the Custodian that any information he or she has given or will give to the Custodian with respect to this Agreement is complete and accurate. Further, the IRA Owner agrees that any directions the IRA Owner gives, or action the IRA Owner takes will be proper under this Agreement, and that the Custodian is entitled to rely upon any such information or directions. If the Custodian fails to receive directions from the IRA Owner regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or the Custodian, in good faith, believes that any transaction requested is in dispute, the Custodian reserves the right to take no action until further clarification acceptable to the Custodian is received from the IRA Owner or the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the IRA Owner’s directions to the Custodian, or the IRA Owner’s actions or failures to act, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions, or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA Owner incurs in connection with the IRA. The Custodian has no duty to determine whether the IRA Owner’s contributions or distributions comply with the Code, Regulations, rulings, or this Agreement. The Custodian may permit the IRA Owner to appoint, through written notice acceptable to the Custodian, an authorized agent to act on the IRA Owner’s behalf with respect to this Agreement (e.g., attorney-in- in-fact, executor, administrator, investment manager), however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian shall not be responsible for losses of any kind that may result from directions, actions or failures to act by the IRA Owner’s authorized agent, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act by the IRA Owner’s authorized agent. The IRA Owner will have sixty (60) days after receiving any documents, statements, or other information from the Custodian to notify the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If the IRA Owner does not notify the Custodian within 60 days, the documents, statements, or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information, or the transactions described therein. By performing services under this Agreement the Custodian is acting as the IRA Owner’s agent. The IRA Owner acknowledges and agrees that nothing in this Agreement shall be construed as conferring fiduciary status upon the Custodian. The Custodian shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder with respect to IRAs. The IRA Owner agrees to indemnify and hold the Custodian harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney’s fees, arising from, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement the Custodian may accept or provide such information in any other form permitted by the Code or applicable regulations.

Appears in 4 contracts

Samples: Combined Listed, www.firsttrustretirement.com, cdn.cocodoc.com

Representations and Responsibilities. The IRA Owner Participant represents and warrants to the Custodian that any information he or she has they have given or will give to the Custodian with respect to this Agreement is complete and accurate. Further, the IRA Owner Participant agrees that any directions they give the IRA Owner givesCustodian, or action the IRA Owner Participant takes will be proper under this Agreement, and that the Custodian is entitled to rely upon any such information or directions. If the Custodian fails to receive directions from the IRA Owner Participant regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or the Custodian, in good faith, believes that any transaction requested is in dispute, the Custodian it reserves the right to take no action until further clarification acceptable to the Custodian is received from the IRA Owner Participant or the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the IRA OwnerParticipant’s directions to the Custodian, Custodian or the IRA OwnerParticipant’s actions or failures to act, and the IRA Owner Participant agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions, actions or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA Owner Participant incurs in connection with the IRAParticipant’s Account. The Custodian has no duty to determine whether the IRA Owner’s Participant contributions or distributions comply with the Code, Regulationsregulations, rulings, rulings or this Agreement. The Custodian may permit the IRA Owner Participant to appoint, through written notice acceptable to the Custodian, an authorized agent to act on the IRA Owner’s their behalf with respect to this Agreement (e.g., attorney-in- in-fact, executor, administrator, investment manager), ; however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian shall not be responsible for losses of any kind that may result from directions, actions or failures to act by the IRA OwnerParticipant’s authorized agent, and the IRA Owner Participant agrees to reimburse the Custodian for any loss the Custodian it may incur as a result of such directions, actions or failures to act by the IRA OwnerParticipant’s authorized agent. The IRA Owner Participant will have sixty (60) days after receiving he or she receives any documents, statements, statements or other information from the Custodian to notify the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, statements or other information. If the IRA Owner Participant does not notify the Custodian within 60 days, the documents, statements, statements or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information, information or the transactions described therein. By performing services under this Agreement the Custodian is acting as the IRA Owner’s agent. The IRA Owner acknowledges and agrees that nothing in this Agreement shall be construed as conferring fiduciary status upon the Custodian. The Custodian shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder with respect to IRAs. The IRA Owner agrees to indemnify and hold the Custodian harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney’s fees, arising from, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement Agreement, the Custodian may accept or provide such information in any other form permitted by the Code or applicable regulations.

Appears in 3 contracts

Samples: Custodial Account Agreement, Custodial Account Agreement, doclib.everence.com

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Representations and Responsibilities. The IRA XXX Owner represents and warrants to the Custodian that any information he or she has given or will give to the Custodian with respect to this Agreement is complete and accurate. Further, the IRA XXX Owner agrees that any directions the IRA XXX Owner gives, or action the IRA XXX Owner takes will be proper under this Agreement, and that the Custodian is entitled to rely upon any such information or directions. If the Custodian fails to receive directions from the IRA XXX Owner regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or the Custodian, in good faith, believes that any transaction requested is in dispute, the Custodian reserves the right to take no action until further clarification acceptable to the Custodian is received from the IRA XXX Owner or the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the IRA XXX Owner’s directions to the Custodian, or the IRA XXX Owner’s actions or failures to act, and the IRA XXX Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions, or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA XXX Owner incurs in connection with the IRAXXX. The Custodian has no duty to determine whether the IRA XXX Owner’s contributions or distributions comply with the Code, Regulations, rulings, or this Agreement. The Custodian may permit the IRA XXX Owner to appoint, through written notice acceptable to the Custodian, an authorized agent to act on the IRA XXX Owner’s behalf with respect to this Agreement (e.g., attorney-in- in-fact, executor, administrator, investment manager), however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian shall not be responsible for losses of any kind that may result from directions, actions or failures to act by the IRA XXX Owner’s authorized agent, and the IRA XXX Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act by the IRA XXX Owner’s authorized agent. The IRA XXX Owner will have sixty (60) days after receiving any documents, statements, or other information from the Custodian to notify the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If the IRA XXX Owner does not notify the Custodian within 60 days, the documents, statements, or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information, or the transactions described therein. By performing services under this Agreement the Custodian is acting as the IRA XXX Owner’s agent. The IRA XXX Owner acknowledges and agrees that nothing in this Agreement shall be construed as conferring fiduciary status upon the Custodian. The Custodian shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder with respect to IRAs. The IRA XXX Owner agrees to indemnify and hold the Custodian harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney’s fees, arising from, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement the Custodian may accept or provide such information in any other form permitted by the Code or applicable regulations.

Appears in 2 contracts

Samples: Prototype Plan Agreement, Prototype Plan Agreement

Representations and Responsibilities. The IRA XXX Owner represents and warrants to the Custodian that any information he or she has given or will give to the Custodian with respect to this Agreement is complete and accurate. Further, the IRA XXX Owner agrees that any directions the IRA XXX Owner gives, or action the IRA XXX Owner takes will be proper under this Agreement, and that the Custodian is entitled to rely upon any such information or directions. If the Custodian fails to receive directions from the IRA XXX Owner regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or the Custodian, in good faith, believes that any transaction requested is in dispute, the Custodian reserves the right to take no action until further clarification acceptable to the Custodian is received from the IRA XXX Owner or the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the IRA XXX Owner’s directions to the Custodian, or the IRA XXX Owner’s actions or failures to act, and the IRA XXX Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions, or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA XXX Owner incurs in connection with the IRAXXX. The Custodian has no duty to determine whether the IRA XXX Owner’s contributions or distributions comply with the Code, Regulations, rulings, or this Agreement. The Custodian may permit the IRA XXX Owner to appoint, through written notice acceptable to the Custodian, an authorized agent to act on the IRA XXX Owner’s behalf with respect to this Agreement (e.g., attorney-in- fact, executor, administrator, investment manager), however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian shall not be responsible for losses of any kind that may result from directions, actions or failures to act by the IRA XXX Owner’s authorized agent, and the IRA XXX Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act by the IRA XXX Owner’s authorized agent. The IRA XXX Owner will have sixty (60) days after receiving any documents, statements, or other information from the Custodian to notify the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If the IRA XXX Owner does not notify the Custodian within 60 days, the documents, statements, or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information, or the transactions described therein. By performing services under this Agreement the Custodian is acting as the IRA XXX Owner’s agent. The IRA XXX Owner acknowledges and agrees that nothing in this Agreement shall be construed as conferring fiduciary status upon the Custodian. The Custodian shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder with respect to IRAs. The IRA XXX Owner agrees to indemnify and hold the Custodian harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney’s fees, arising from, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement the Custodian may accept or provide such information in any other form permitted by the Code or applicable regulations.

Appears in 1 contract

Samples: Prototype Plan Agreement

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