Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund, and the advice it receives from counsel, PFPC Trust shall be entitled to rely upon and follow the advice of counsel provided that such counsel is selected with reasonable care. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 15 contracts
Sources: Custodian Services Agreement (Ubs Pw Equity Opportunity Fund Ii LLC), Custodian Services Agreement (Pw Equity Opportunity Fund LLC), Custodian Services Agreement (Pw Cypress Fund LLC)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund, and the advice it PFPC receives from counselcounsel selected with reasonable care, PFPC Trust shall be entitled to may rely upon and follow the advice of counsel provided that such counsel is selected with reasonable carecounsel. In PFPC shall promptly inform the event Fund of such conflict. If PFPC Trust so relies on the advice of counsel, PFPC Trust remains will remain liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 13 contracts
Sources: Administration, Accounting and Investor Services Agreement (Ubs Pw Event & Equity Fund LLC), Administration, Accounting and Investor Services Agreement (Pw Cypress Fund LLC), Administration, Accounting and Investor Services Agreement (Pw Equity Opportunity Fund LLC)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund, and the advice it receives from counsel, PFPC Trust shall be entitled to rely upon and follow the advice of counsel provided that such counsel is selected with reasonable carecounsel. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 7 contracts
Sources: Custodian Services Agreement (Eii Realty Securities Trust), Custodian Services Agreement (Hilliard Lyons Investment Trust), Custodian Services Agreement (Kelmoore Strategy Variable Trust)
Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund, and the advice it receives from counsel, PFPC Trust shall be entitled to rely upon and follow the advice of counsel provided that such counsel is selected with reasonable carecounsel. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 4 contracts
Sources: Custodian Services Agreement (Virtus Institutional Trust), Custodian Services Agreement (Virtus Insight Trust), Custodian Services Agreement (Virtus Opportunities Trust)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund, and the advice it receives from counsel, PFPC Trust shall be entitled to rely upon and follow the advice of counsel provided that such counsel is selected with reasonable carecounsel. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 3 contracts
Sources: Custodian Services Agreement (Harris Insight Funds Trust), Custodian Services Agreement (Harris Insight Funds Trust), Custodian Services Agreement (Phoenix Insight Funds Trust)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund, Fund and the advice it receives from counsel, PFPC Trust shall be entitled to rely upon and and, after notice to the Fund, to follow the advice of counsel provided that such counsel is selected with reasonable carecounsel. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 2 contracts
Sources: Foreign Custodian Services Agreement (Wt Mutual Fund), Foreign Custodian Services Agreement (Wt Investment Trust I)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC Trust receives from the FundTrust, and the advice it receives from counsel, PFPC Trust shall be entitled to rely upon and follow the advice of counsel provided that such counsel is selected with reasonable carecounsel. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 2 contracts
Sources: Custodian Services Agreement (Hambrecht & Quist Fund Trust), Custodian Services Agreement (Hambrecht & Quist Fund Trust)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC Trust receives from the FundFund or WTC, and the advice it receives from counsel, PFPC Trust shall be entitled to rely upon and, after notice to Custodian and the Fund, to follow the advice of counsel provided that such counsel is selected with reasonable carecounsel. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 2 contracts
Sources: Sub Custodian Services Agreement (Wt Mutual Fund), Sub Custodian Services Agreement (Wt Investment Trust I)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund, and the advice it receives from counsel, PFPC Trust shall be entitled to rely upon and follow the advice of counsel provided that such counsel is selected with reasonable carecounsel. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 2 contracts
Sources: Custodian Services Agreement (Berwyn Income Fund Inc), Custodian Services Agreement (Hillview Investment Trust Ii)
Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund, and the advice it receives from counsel, PFPC Trust shall be entitled to rely upon and follow the advice of counsel provided that such counsel is selected with reasonable carecounsel. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which that constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC Trust of any duties, obligations obligations, or responsibilities set forth in this Agreement.
Appears in 1 contract
Sources: Custodian Services Agreement (AIG Strategic Hedge Fund of Funds)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC Trust receives from the FundPartnership, and the advice it receives from counsel, PFPC Trust shall be entitled to rely upon and follow the advice of counsel provided that such counsel is selected with reasonable care. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Sources: Custodian Services Agreement (Pw Technology Partners Lp)
Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund, and the advice it receives from counselcounsel selected with reasonable care, PFPC Trust shall be entitled to rely upon and follow the advice of counsel provided that such counsel is selected with reasonable carecounsel. In the event PFPC Trust so shall promptly inform the Fund of such conflict. If PFPC Trust relies on the advice of counsel, PFPC Trust remains will remain liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC Trust receives from the FundFund pursuant to subsection (a), and the advice it receives from counselcounsel pursuant to subsection (b), PFPC Trust shall be entitled to may rely upon and follow the advice of counsel provided that such counsel is selected with reasonable carecounsel. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Sources: Transfer Agency Services Agreement (Needham Funds Inc)
Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund, and the advice it receives from counsel, PFPC Trust shall be entitled to rely upon and follow the advice of counsel provided that such counsel is selected with reasonable carecounsel. In PFPC shall promptly inform the event Fund of any material conflict and, in any event, before taking the action in question. If PFPC Trust so relies on the advice of counsel, PFPC Trust remains will remain liable for any action or omission on the part of PFPC Trust in carrying out such advice which constitutes willful misfeasance, bad faith, negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Sources: Custodian Services Agreement (Phoenix LJH Advisors Fund LLC)
Conflicting Advice. In the event of a conflict between directions, advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fundreceives, and the advice it receives from counsel, PFPC Trust shall be entitled to rely upon and and, after notice to the Fund, follow the advice of counsel provided that such counsel is selected with reasonable carecounsel. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Sources: Custodian Services Agreement (Warburg Pincus Trust)
Conflicting Advice. In the event of a conflict between directions, directions or advice or Oral Instructions or Written Instructions PFPC Trust receives from the Fund, and the advice it receives from counsel, PFPC Trust shall be entitled to rely upon and follow the advice of counsel provided that such counsel is selected with reasonable carecounsel. In the event PFPC Trust so relies on the advice of counsel, PFPC Trust remains liable for any action or omission on the part of PFPC Trust which constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by PFPC Trust of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Sources: Sub Custodian Services Agreement (Wilmington Low Volatility Fund of Funds)