Common use of Acting on Instructions; Unclear Instructions Clause in Contracts

Acting on Instructions; Unclear Instructions. (a) The Customer authorizes X.X. Xxxxxx to accept, rely upon and/or act upon any Instructions received by it without inquiry. The Customer will indemnify the X.X. Xxxxxx Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against the X.X. Xxxxxx Indemnitees as a result of any action or omission taken in accordance with any Instruction unless the Liabilities result from an act of negligence, fraud or willful misconduct on the part of a X.X. Xxxxxx Indemnitee with respect to the manner in which such Instructions are followed.

Appears in 3 contracts

Samples: Agreement (ETFS Trust), Administration Agreement (FlexShares Trust), Agreement (FlexShares Trust)

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Acting on Instructions; Unclear Instructions. (a) The Customer authorizes X.X. Xxxxxx to accept, rely upon and/or act upon any Instructions received by it without inquiry. The Customer will indemnify the X.X. Xxxxxx Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against the X.X. Xxxxxx Indemnitees as a result of any action or omission taken in accordance with any Instruction unless the Liabilities result from an act of negligence, fraud or willful misconduct on the part of a the X.X. Xxxxxx Indemnitee Indemnitees with respect to the manner in which such Instructions are followed.

Appears in 1 contract

Samples: Etf Fund Servicing Agreement (FocusShares Trust)

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Acting on Instructions; Unclear Instructions. (a) The Customer authorizes X.X. J.X. Xxxxxx to accept, rely upon and/or act upon any Instructions received by it without inquiry. The Customer will indemnify the X.X. J.X. Xxxxxx Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against the X.X. J.X. Xxxxxx Indemnitees as a result of any action or omission taken in accordance with any Instruction unless the Liabilities result from an act of negligence, fraud or willful misconduct on the part of a X.X. J.X. Xxxxxx Indemnitee Indemnitees with respect to the manner in which such Instructions are followed.. ETF Fund Servicing Agreement – March 2010 version

Appears in 1 contract

Samples: Administration Agreement (FQF Trust)

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