Authorized Parties. The Client shall furnish the Custodian with a written list of the names and signatures of all persons authorized to direct the Custodian on behalf of the Client under the terms of this Agreement. In addition, the Client may appoint and remove one or more investment managers (each, an "Investment Manager") for such portion of the Account as the Client shall designate to the Custodian in writing. Client shall furnish the Custodian with a written list of the names and signatures of the person or persons who are authorized to represent the Investment Manager in dealings with the Custodian. The Custodian shall be entitled to deal with any person or entity so identified by the Client (each an "Authorized Party" and collectively, the "Authorized Parties") until notified otherwise in writing or orally. Client shall confirm any oral revocation of the authority of any Authorized Party promptly in writing; however, any such oral revocation shall take effect immediately. The Custodian shall be under no duty to make any suggestions with respect to the investment and reinvestment of the assets in the Account, or to evaluate or question the performance of any Authorized Party. The Custodian shall not be responsible or liable for any diminution of value of any securities or other property held by the Custodian or any sub-custodian employed by it in accordance with this Agreement, provided such diminution is not the direct or indirect result of any act or omission of the Custodian or any such sub-custodian or their respective agents that involves a breach of the standard of care under this Agreement.
Appears in 3 contracts
Sources: Custody Agreement (Lincoln Variable Insurance Products Trust), Custody Agreement (Lincoln National Growth & Income Fund Inc), Custody Agreement (Lincoln National Equity Income Fund Inc)
Authorized Parties. The Client shall furnish the Custodian with a written list of the names and signatures of all persons authorized to direct the Custodian on behalf of the Client under the terms of this Agreement. In addition, the Client may appoint and remove one or more investment managers (each, an "Investment Manager") for such portion of the Account as the Client shall designate to the Custodian in writing. Client shall furnish the Custodian with a written list of the names and signatures of the person or persons who are authorized to represent the Investment Manager in dealings with the Custodian. The Custodian shall be entitled to deal with any person or entity so identified by the Client (each an "Authorized Party" and collectively, the "Authorized Parties") until notified otherwise in writing or orally. Client shall confirm any oral revocation of the authority of any Authorized Party promptly in writing; however, any such oral revocation shall take effect immediately. The Custodian shall be under no duty to question any Authorized Instruction (defined below) of an Authorized Party with respect to the portion of the Account over which such Authorized Party has authority unless the Custodian is aware of or, in the exercise of reasonable care, should be aware of facts or circumstances that would cause a person of average intelligence, acting reasonably, to question such Authorized Instruction or part thereof, to review any property held in the Account, to make any suggestions with respect to the investment and reinvestment of the assets in the Account, or to evaluate or question the performance of any Authorized Party. The Custodian shall not be responsible or liable for any diminution of value of any securities or other property held by the Custodian or any sub-custodian employed by it in accordance with this Agreement, provided such diminution is not the direct or indirect result of any act or omission of the Custodian or any such sub-custodian or their respective agents that involves a breach of the standard of care under this Agreementagents.
Appears in 3 contracts
Sources: Custody Agreement (Lincoln National Capital Appreciation Fund Inc), Custody Agreement (Lincoln National Aggressive Growth Fund Inc), Custody Agreement (Lincoln National Equity Income Fund Inc)
Authorized Parties. The Client shall furnish the Custodian with a written ------------------ list of the names and signatures of all persons authorized to direct the Custodian on behalf of the Client under the terms of this Agreement. In addition, the Client may appoint and remove one or more investment managers (each, an "Investment Manager") for such portion of the Account as the Client shall designate to the Custodian in writing. Client shall furnish the Custodian with a written list of the names and signatures of the person or persons who are authorized to represent the Investment Manager in dealings with the Custodian. The Custodian shall be entitled to deal with any person or entity so identified by the Client (each an "Authorized Party" and collectively, the "Authorized Parties") until notified otherwise in writing or orally. Client shall confirm any oral revocation of the authority of any Authorized Party promptly in writing; however, any such oral revocation shall take effect immediately. The Custodian shall be under no duty to make any suggestions with respect to the investment and reinvestment of the assets in the Account, or to evaluate or question the performance of any Authorized Party. The Custodian shall not be responsible or liable for any diminution of value of any securities or other property held by the Custodian or any sub-custodian employed by it in accordance with this Agreement, provided such diminution is not the direct or indirect result of any act or omission of the Custodian or any such sub-custodian or their respective agents that involves a breach of the standard of care under this Agreement.
Appears in 2 contracts
Sources: Custody Agreement (Lincoln National Variable Annuity Fund A), Custody Agreement (Lincoln National Variable Annuity Fund A)
Authorized Parties. The Client shall furnish the Custodian with a written ------------------ list of the names and signatures of all persons authorized to direct the Custodian on behalf of the Client under the terms of this Agreement. In addition, the Client may appoint and remove one or more investment managers (each, an "Investment Manager") for such portion of the Account as the Client shall designate to the Custodian in writing. Client shall furnish the Custodian with a written list of the names and signatures of the person or persons who are authorized to represent the Investment Manager in dealings with the Custodian. The Custodian shall be entitled to deal with any person or entity so identified by the Client (each an "Authorized Party" and collectively, the "Authorized Parties") until notified otherwise in writing or orally. Client shall confirm any oral revocation of the authority of any Authorized Party promptly in writing; however, any such oral revocation shall take effect immediately. The Custodian shall be under no duty to question any Authorized Instruction (defined below) of an Authorized Party with respect to the portion of the Account over which such Authorized Party has authority unless the Custodian is aware of or, in the exercise of reasonable care, should be aware of facts or circumstances that would cause a person of average intelligence, acting reasonably, to question such Authorized Instruction or part thereof, to review any property held in the Account, to make any suggestions with respect to the investment and reinvestment of the assets in the Account, or to evaluate or question the performance of any Authorized Party. The Custodian shall not be responsible or liable for any diminution of value of any securities or other property held by the Custodian or any sub-custodian employed by it in accordance with this Agreement, provided such diminution is not the direct or indirect result of any act or omission of the Custodian or any such sub-sub- custodian or their respective agents that involves a breach of the standard of care under this Agreementagents.
Appears in 1 contract
Sources: Custody Agreement (Lincoln National Variable Annuity Fund A)
Authorized Parties.
(a) The Client Contributor may provide approvals, authorizations or (solely in respect of those matters that, in accordance with the provisions hereof, the Contributor is empowered to give instructions or directions hereunder) instructions or directions to the Trustee from time to time (each a “Contributor Direction”). The Contributor shall from time to time furnish the Custodian Trustee with a written list of the names names, signatures and signatures extent of authority of all persons authorized having the authority to direct the Custodian provide Contributor Directions hereunder on behalf of the Client Contributor and otherwise act on behalf of the Contributor under the terms of this Agreement. In additionAgreement.
(b) Upon an Investment Manager being appointed in writing under section 5.2, such Investment Manager may from time to time give Investment Instructions to the Client may appoint and remove one or more Trustee governing the investment managers (each, an "Investment Manager") for such portion of the Account as the Client shall designate Fund to the Custodian in writingextent of its appointment. Client Each such Investment Manager shall furnish the Custodian Trustee upon such appointment and from time to time thereafter with a written list of the names and signatures of the person or persons who are authorized having the authority to represent issue Investment Instructions on behalf of the Investment Manager in dealings under this Agreement.
(c) The Beneficiary may provide approvals, authorizations, instructions or directions to the Trustee from time to time with respect to distributions from the CustodianFund and any matters affecting the Beneficiary’s accounting and tax obligations (each a “Beneficiary Direction”). The Custodian Beneficiary shall from time to time furnish the Trustee with a written list of the names, signatures and extent of authority of all persons having the authority to provide Beneficiary Directions and Abandonment Work Certificates hereunder on behalf of the Beneficiary and otherwise act on behalf of the Beneficiary under the terms of this Agreement.
(d) The Trustee shall be entitled to deal with any person or entity so identified by the Client (each an "Authorized Party" rely on, and collectively, the "Authorized Parties") until notified otherwise in writing or orally. Client shall confirm any oral revocation of the authority of any Authorized Party promptly in writing; however, any such oral revocation shall take effect immediately. The Custodian shall be under no duty to make any suggestions with respect to the investment and reinvestment of the assets fully protected in the Accountgiving effect to, Contributor Directions, Beneficiary Directions or to evaluate or question the performance of any Authorized Party. The Custodian shall not be responsible or liable for any diminution of value of any securities or other property held by the Custodian or any sub-custodian employed by it Investment Instructions from persons identified in accordance with this Agreementsubsections (a), provided such diminution is not (b) or (c) until it has been notified in writing by the direct Contributor, Investment Manager or indirect result Beneficiary, as applicable, of any act or omission a change of the Custodian identity or any authority of such sub-custodian persons.
(e) The NEB may issue NEB Decisions in the place and stead of Contributor Directions or their respective agents that involves Beneficiary Directions whenever a breach Default exists in respect of either the standard of care under this AgreementContributor or Beneficiary, respectively, or as specified in section 3.3.
Appears in 1 contract
Sources: Trust Agreement
Authorized Parties.
(a) The Client Contributor may provide approvals, authorizations or (solely in respect of those matters that, in accordance with the provisions hereof, the Contributor is empowered to give instructions or directions hereunder) instructions or directions to the Trustee from time to time (each a “Contributor Direction”). The Contributor shall from time to time furnish the Custodian Trustee with a written list of the names names, signatures and signatures extent of authority of all persons authorized having the authority to direct the Custodian provide Contributor Directions hereunder on behalf of the Client Contributor and otherwise act on behalf of the Contributor under the terms of this Agreement. In additionAgreement.
(b) Upon an Investment Manager being appointed in writing under section 5.2, such Investment Manager may from time to time give Investment Instructions to the Client may appoint and remove one or more Trustee governing the investment managers (each, an "Investment Manager") for such portion of the Account as the Client shall designate Fund to the Custodian in writingextent of its appointment. Client Each such Investment Manager shall furnish the Custodian Trustee upon such appointment and from time to time thereafter with a ▇ written list of the names and signatures of the person or persons who are authorized having the authority to represent issue Investment Instructions on behalf of the Investment Manager in dealings under this Agreement.
(c) The Beneficiary may provide approvals, authorizations, instructions or directions to the Trustee from time to time with respect to distributions from the CustodianFund and any matters affecting the Beneficiary’s accounting and tax obligations (each a “Beneficiary Direction”). The Custodian Beneficiary shall from time to time furnish the Trustee with a written list of the names, signatures and extent of authority of all persons having the authority to provide Beneficiary Directions and Abandonment Work Certificates hereunder on behalf of the Beneficiary and otherwise act on behalf of the Beneficiary under the terms of this Agreement.
(d) The Trustee shall be entitled to deal with any person or entity so identified by the Client (each an "Authorized Party" rely on, and collectively, the "Authorized Parties") until notified otherwise in writing or orally. Client shall confirm any oral revocation of the authority of any Authorized Party promptly in writing; however, any such oral revocation shall take effect immediately. The Custodian shall be under no duty to make any suggestions with respect to the investment and reinvestment of the assets fully protected in the Accountgiving effect to, Contributor Directions, Beneficiary Directions or to evaluate or question the performance of any Authorized Party. The Custodian shall not be responsible or liable for any diminution of value of any securities or other property held by the Custodian or any sub-custodian employed by it Investment Instructions from persons identified in accordance with this Agreementsubsections (a), provided such diminution is not (b) or (c) until it has been notified in writing by the direct Contributor, Investment Manager or indirect result Beneficiary, as applicable, of any act or omission a change of the Custodian identity or any authority of such sub-custodian persons.
(e) The NEB may issue NEB Decisions in the place and stead of Contributor Directions or their respective agents that involves Beneficiary Directions whenever a breach Default exists in respect of either the standard of care under this AgreementContributor or Beneficiary, respectively, or as specified in section 3.3.
Appears in 1 contract
Sources: Trust Agreement
Authorized Parties.
(a) The Client Contributor may provide approvals, authorizations or (solely in respect of those matters that, in accordance with the provisions hereof, the Contributor is empowered to give instructions or directions hereunder) instructions or directions to the Trustee from time to time (each a “Contributor Direction”). The Contributor shall from time to time furnish the Custodian Trustee with a written list of the names names, signatures and signatures extent of authority of all persons authorized having the authority to direct the Custodian provide Contributor Directions hereunder on behalf of the Client Contributor and otherwise act on behalf of the Contributor under the terms of this Agreement. In additionAgreement.
(b) Upon an Investment Manager being appointed in writing under section 5.2, such Investment Manager may from time to time give Investment Instructions to the Client may appoint and remove one or more Trustee governing the investment managers (each, an "Investment Manager") for such portion of the Account as the Client shall designate Fund to the Custodian in writingextent of its appointment. Client Each such Investment Manager shall furnish the Custodian Trustee upon such appointment and from time to time thereafter with a a written list of the names and signatures of the person or persons who are authorized having the authority to represent issue Investment Instructions on behalf of the Investment Manager in dealings under this Agreement.
(c) The Beneficiary may provide approvals, authorizations, instructions or directions to the Trustee from time to time with respect to distributions from the CustodianFund and any matters affecting the Beneficiary’s accounting and tax obligations (each a “Beneficiary Direction”). The Custodian Beneficiary shall from time to time furnish the Trustee with a written list of the names, signatures and extent of authority of all persons having the authority to provide Beneficiary Directions and Abandonment Work Certificates hereunder on behalf of the Beneficiary and otherwise act on behalf of the Beneficiary under the terms of this Agreement.
(d) The Trustee shall be entitled to deal with any person or entity so identified by the Client (each an "Authorized Party" rely on, and collectively, the "Authorized Parties") until notified otherwise in writing or orally. Client shall confirm any oral revocation of the authority of any Authorized Party promptly in writing; however, any such oral revocation shall take effect immediately. The Custodian shall be under no duty to make any suggestions with respect to the investment and reinvestment of the assets fully protected in the Accountgiving effect to, Contributor Directions, Beneficiary Directions or to evaluate or question the performance of any Authorized Party. The Custodian shall not be responsible or liable for any diminution of value of any securities or other property held by the Custodian or any sub-custodian employed by it Investment Instructions from persons identified in accordance with this Agreementsubsections (a), provided such diminution is not (b) or (c) until it has been notified in writing by the direct Contributor, Investment Manager or indirect result Beneficiary, as applicable, of any act or omission a change of the Custodian identity or any authority of such sub-custodian persons.
(e) The NEB may issue NEB Decisions in the place and stead of Contributor Directions or their respective agents that involves Beneficiary Directions whenever a breach Default exists in respect of either the standard of care under this AgreementContributor or Beneficiary, respectively, or as specified in section 3.3.
Appears in 1 contract
Sources: Trust Agreement