Common use of Right to Withhold Services Pending Payment Clause in Contracts

Right to Withhold Services Pending Payment. Notwithstanding any other provision of this Agreement, the Custodian, acting reasonably, shall not be obliged to act upon any Directions in respect of a Fund (including the delivery of any Property of that Fund to any person) until all the amounts due and owing to the Custodian in connection with that Fund under this Agreement have been paid in full. The Custodian shall give the Client and/or any Investment Manager notice of its decision not to act as soon as practicable thereafter.

Appears in 3 contracts

Samples: Custodian Agreement, Custodian Agreement, Custodian Agreement

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Right to Withhold Services Pending Payment. Notwithstanding any other provision of this Agreement, the Custodian, acting reasonablyin its reasonable discretion, shall not be obliged entitled to decline to act upon any Directions in respect of a Fund Direction (including a Direction regarding the delivery of any Property of that a Fund to any person) unless and until all the amounts due and owing to the Custodian in connection with that Fund under this Agreement Obligations have been paid in full. The Custodian shall give the Client and/or any Investment Manager notice of its decision not to act as soon as practicable thereafter.

Appears in 2 contracts

Samples: Custodian Agreement, Custodian Agreement

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Right to Withhold Services Pending Payment. Notwithstanding any other provision of this Agreement, the Custodian, acting reasonably, shall not be obliged to act upon any Directions in respect of a Fund (including the delivery of any Property of that Fund to any person) until all the amounts Obligations past due and owing to the Custodian in connection with that Fund under this Agreement have been paid in full. The Custodian shall give the Client and/or any Investment Fund and the Manager notice of its decision not to act as soon as practicable thereafter.

Appears in 1 contract

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

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