Common use of Acting on instructions Clause in Contracts

Acting on instructions. Method of Instruction and Unclear Instructions (a) The Customer authorizes J.▇. ▇▇▇▇▇▇ to accept, rely upon and/or act upon any Instructions received by it without inquiry. The Customer is solely responsible for the accuracy and completeness of Instructions, their proper delivery to J.▇. ▇▇▇▇▇▇, for updating Instructions as may be necessary to ensure their continued accuracy and completeness, and for monitoring their status. J.▇. ▇▇▇▇▇▇ will not be responsible for any Liabilities resulting from the Customer’s failure to perform these responsibilities. The Customer will indemnify the J.▇. ▇▇▇▇▇▇ Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against the J.▇. ▇▇▇▇▇▇ Indemnitees as a result of any action or omission taken in accordance with any Instruction, except to the extent that such Liabilities are caused by the fraud, negligence or willful misconduct of a J.▇. ▇▇▇▇▇▇ Indemnitee in the manner in which it carries out the Instruction. (b) To the extent possible, Instructions to J.▇. ▇▇▇▇▇▇ shall be sent via an encrypted, electronic means using technology consistent with industry standards, or a trade information system acceptable to J.▇. ▇▇▇▇▇▇. (c) J.▇. ▇▇▇▇▇▇ shall promptly notify an Authorized Person if J.▇. ▇▇▇▇▇▇ determines that an Instruction does not contain all information reasonably necessary for J.▇. ▇▇▇▇▇▇ to carry out the Instruction. J.▇. ▇▇▇▇▇▇ may decline to act upon an Instruction if it does not receive missing information, clarification or confirmation satisfactory to it. J.▇. ▇▇▇▇▇▇ will not be liable for any Liabilities arising from any reasonable delay in carrying out any such Instruction while it seeks any such missing information, clarification or confirmation or in declining to act upon any Instruction for which it does not receive such missing information, clarification, or confirmation satisfactory to it. Global Custody Agreement – New York – January 2022

Appears in 1 contract

Sources: Global Custody Agreement (Brookfield Infrastructure Income Fund Inc.)

Acting on instructions. Method of Instruction Instruction; and Unclear Instructions. (a) The Customer authorizes J.▇.▇. ▇▇▇▇▇▇ to accept, rely upon and/or act upon any Instructions received by it without inquiry. The Customer is solely responsible for the accuracy and completeness of Instructions, their proper delivery to J.▇.▇. ▇▇▇▇▇▇, for updating such Instructions as may be necessary to ensure their continued accuracy and completeness, and for monitoring their status. J.▇.▇. ▇▇▇▇▇▇ will not be responsible for any Liabilities resulting from the Customer’s failure to perform these responsibilities. The Customer will indemnify the J.▇.▇. ▇▇▇▇▇▇ Indemnitees against, and hold each of them harmless from, any Liabilities that may be imposed on, incurred by, or asserted against the J.▇.▇. ▇▇▇▇▇▇ Indemnitees as a result of any action or omission taken in accordance with any Instruction, except to the extent that such Liabilities are caused by the fraud, negligence or willful misconduct of a J.the ▇.▇. ▇▇▇▇▇▇ Indemnitee Indemnitees in the manner in which it carries out the Instruction. (b) To the extent possible, Instructions to J.▇.▇. ▇▇▇▇▇▇ shall be sent via an encrypted, electronic means using technology consistent with industry standards, or a trade information system acceptable to J.▇.▇. ▇▇▇▇▇▇. (c) J.▇.▇. ▇▇▇▇▇▇ shall promptly notify an Authorized Person Person, if J.▇.▇. ▇▇▇▇▇▇ determines that an Instruction does not contain all information reasonably necessary for J.▇.▇. ▇▇▇▇▇▇ to carry out the Instruction. J.▇.▇. ▇▇▇▇▇▇ may decline to act upon an Instruction if it does not receive missing information, clarification or confirmation satisfactory to it. J.▇.▇. ▇▇▇▇▇▇ will not be liable for any Liabilities arising from any reasonable delay in carrying out any such Instruction while it seeks any such missing information, clarification or confirmation or in declining to act upon any Instruction for which it does not receive such missing information, clarification, clarification or confirmation satisfactory to it. Global Custody Agreement – New York – January 2022.

Appears in 1 contract

Sources: Fund Services Agreement (Morgan Stanley ETF Trust)