Instructions and Dealing Practices Clause Samples

The "Instructions and Dealing Practices" clause defines the procedures and standards by which parties must communicate instructions and conduct transactions under the agreement. It typically outlines how instructions should be given (such as in writing or electronically), who is authorized to issue them, and the protocols for executing trades or other dealings. This clause ensures that all parties follow consistent and agreed-upon methods for giving and receiving instructions, thereby reducing the risk of misunderstandings or unauthorized actions.
Instructions and Dealing Practices. 1.1 The Client shall give clear and unambiguous instructions to the Dealer. Such instructions shall be in accordance with the regulations that may be prescribed by the Dealer from time to time or the regulations of the Chinese Gold and Silver Exchange Society or the London Bullion Market Association or other relevant markets. The Dealer is hereby requested and authorized by the Client to act as broker or as agent or as principal to execute the Client’s Investment order(s) constituting Precious Metals Contract in accordance with the terms and conditions of this agreement. For the avoidance of doubt, the Client hereby expressly agrees and confirms the Dealer by itself or its authorized representatives or staff whether acting in its capacity as the principal or agents for any parties shall have the absolute discretion to take opposite position to match any open position of the Client without any notification to Client or his Authorized Representative(s). 1.2 The Client may appoint a person to operate his account(s) opened and maintained with the Dealer by furnishing the Authorized Representative’s information during online registration or by completing and signing the Letter of Authorization annexed hereto this Agreement and upon the confirmation of the Dealer, the Client and his authorized representative may operate the account(s) with the Dealer jointly. 1.3 The Dealer shall be entitled to rely on any Investment orders which the Dealer reasonably believes in good faith to be from a person authorized by the Client to act on the Client’s behalf and the Client shall be bound by such communication. The Client agrees to indemnify the Dealer against any loss, costs and/or expenses (including legal costs) suffered or incurred by the Dealer in reliance thereof. The Investment orders may be given orally (whether by telephone or physical meeting) or in writing (whether by telex or fax) or via web facility or in such other form as the Client and the Dealer may agree and all communications and correspondences must quote the Access Code and Client’s account number. Once an Investment order is given, it may not be rescinded or withdrawn without the written consent or confirmation of the Dealer. All orders given by the Client will be in clear and unambiguous terms.
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Instructions and Dealing Practices. 1.1 The Client shall give clear and unambiguous instructions to the Dealer. Such instructions shall be in accordance with the regulations that may be prescribed by the Dealer from time to time or the regulations of the Chinese Gold and Silver Exchange Society or the London Bullion Market Association or other relevant markets. The Dealer is hereby requested and authorized by the Client to act as broker or as agent or as principal to execute the Client’s Investment order(s) constituting Precious Metals Contract in accordance with the terms and conditions of this agreement. For the avoidance of doubt, the Client hereby expressly agrees and confirms the Dealer by itself or its authorized representatives or staff whether acting in its capacity as the principal or agents for any parties shall have the absolute discretion to take opposite position to match any open position of the Client without any notification to Client or his Authorized Representative(s). 1.2 The Client may appoint a person to operate his account(s) opened and maintained with the Dealer by furnishing the Authorized Representative’s information during online registration or by completing and signing the Letter of Authorization annexed hereto this Agreement and upon the confirmation of the Dealer, the Client and his authorized representative may operate the account(s) with the Dealer jointly.
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Instructions and Dealing Practices 
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Related to Instructions and Dealing Practices

  • Good Faith and Fair Dealing The Parties hereby acknowledge that this Agreement imposes upon each of them a duty of good faith and fair dealing in its implementation.

  • INSTRUCTIONS AND ADVICE At any time, State Street may apply to any officer of the Trust for instructions and may consult with its own legal counsel with respect to any matter arising in connection with the services to be performed by State Street under the terms of this Agreement. At any time, State Street may consult with outside counsel for the Trust or the independent accountants for the Trust (“Trust Advisers”) at the expense of the Trust, provided that State Street first obtains consent of the Trust which shall not be unreasonably withheld, with respect to any matter arising in connection with the services to be performed by State Street under the terms of this Agreement. In its capacity as the Financial Administrator or as the Accounting Agent under the terms of this Agreement, State Street shall not be liable, and shall be indemnified by the Trust or appropriate Portfolio for any action taken or omitted by it in good faith reliance upon any instructions or advice provided to State Street by a Trust Adviser or upon any paper or document reasonably believed by it to be genuine and to have been signed by the proper person or persons. State Street shall not be held to have notice of any change of authority of any person until receipt of written notice thereof from the Trust. Nothing in this paragraph shall be construed as imposing upon State Street any obligation to seek such instructions or advice, or to act in accordance with such advice when received.

  • Advice of Counsel, No Strict Construction Each of the parties represents to each other party hereto that it has discussed this Agreement with its counsel. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.

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