Common use of Form of Proper Instructions Clause in Contracts

Form of Proper Instructions. Proper Instructions may relate to specific transactions or to types or classes of transactions, and may be in the form of standing instructions. Proper Instructions may be transmitted electronically or by computer, provided that a Fund or Series has followed any relevant security procedures agreed to from time to time by the Fund and the Custodian. Each Fund shall be responsible for safeguarding any testkeys, identification codes or other security devices that the Custodian makes available to the Fund. A communication is not a Proper Instruction unless it includes all information necessary to permit the Custodian to act on such instruction in accordance with its duties and obligations hereunder. The Custodian will promptly notify the sender of an instruction if it believes that an instruction is not a Proper Instruction. Except as provided in Article VI and subject to it and its agents (including Subcustodians and Subcustodial Agents) exercising the Standard of Care, complying with the provisions of this agreement and there being no fraud, willful default or willful misconduct by the Custodian or its agents (including Subcustodians and Subcustodial Agents), the Custodian shall be without liability for relying on any instruction, including any instruction transmitted via facsimile, that it reasonably believes after appropriate authentication to be a Proper Instruction.

Appears in 1 contract

Sources: Custodian Agreement (Gmam Absolute Return Strategies Fund LLC)

Form of Proper Instructions. Proper Instructions may relate to specific transactions or to types or classes of transactions, and may be in the form of standing instructions. Proper Instructions may be transmitted electronically or by computer, provided that a Fund or Series has followed any relevant security procedures agreed to from time to time by the Fund and the Custodian. Each Fund shall be responsible for safeguarding any testkeys, identification codes or other security devices that the Custodian makes available to the Fund. A communication is not a Proper Instruction unless it includes all information necessary to permit the Custodian to act on such instruction in accordance with its duties and obligations hereunder. The Custodian will promptly notify the sender of an instruction if it believes that an instruction is not a Proper Instruction. Except as provided in Article VI and subject Subject to it and its agents (including Subcustodians and Subcustodial AgentsSubcustodians) exercising the Standard of Care, complying with the provisions of this agreement and there being no fraud, willful default or willful misconduct by the Custodian or its agents (including Subcustodians and Subcustodial AgentsSubcustodians), the Custodian shall be without liability for relying on any instruction, including any instruction transmitted via facsimile, that it reasonably believes after appropriate authentication to be a Proper Instruction.

Appears in 1 contract

Sources: Agreement Between Jpmorgan Chase Bank and the Funds (Gmam Absolute Return Strategies Fund LLC)