Common use of INSTRUCTIONS BY THE CLIENT Clause in Contracts

INSTRUCTIONS BY THE CLIENT. All instructions given by the Client shall be sent to PCN at the physical address set below, or via e-mail, to: csdp@ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇. All instructions shall be sent in writing, or by any other means as may be approved by PCN from time to time in writing. PCN shall not be obliged to carry out any instruction that does not comply with this Agreement, requirements of FICA, the Securities Legislation or PCN’s standard operating procedures. On each occasion on which an instruction is given, the Client will be regarded as having confirmed that he/she/it has the necessary authority to give the instruction and that such instruction is capable of being implemented. PCN may record telephonic or electronic conversations with the Client and its representatives and the Client agrees that such recordings or transcripts thereof may be used as evidence in any dispute with the Client. In the event that the Client gives to PCN an instruction to buy or sell Securities on behalf of the Client, subject to the limited mandate to carry out such instruction without having to exercise any independent discretion and in terms of a particular service offered by PCN, then the Client gives to PCN the right to appoint and pay brokers and other agents to carry out such instruction, to receive and give receipts in respect of such purchases or sales and to do all such things incidental thereto in order to give effect to such instruction. PCN shall not make an entry in the Securities Account(s) unless instructed to do so by the Client or the Client’s duly authorised agent. Instructions from the Client or its agent may take the form of a standing instruction. PCN shall incur no liability for acting on any instruction, direction or other communication on which PCN is authorised to rely pursuant to this clause or for any delay in delivery of non-delivery or error in transmission. PCN will only vote on behalf of the Client if a voting instruction form is received from the Client by PCN by the stipulated date and time.

Appears in 2 contracts

Sources: Custody and Settlements Agreement, Custody and Settlements Agreement

INSTRUCTIONS BY THE CLIENT. All instructions given by the Client shall be sent to PCN at the physical address set below, or via e-mail, to: csdp@ ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇. All instructions shall be sent in writing, or by any other means as may be approved by PCN from time to time in writing. PCN shall not be obliged to carry out any instruction that does not comply with this Agreement, requirements of FICA, the Securities Legislation or PCN’s standard operating procedures. On each occasion on which an instruction is given, the Client will be regarded as having confirmed that he/she/it has the necessary authority to give the instruction and that such instruction is capable of being implemented. PCN may record telephonic or electronic conversations with the Client and its representatives and the Client agrees that such recordings or transcripts thereof may be used as evidence in any dispute with the Client. In the event that the Client gives to PCN an instruction to buy or sell Securities on behalf of the Client, subject to the limited mandate to carry out such instruction without having to exercise any independent discretion and in terms of a particular service offered by PCN, then the Client gives to PCN the right to appoint and pay brokers and other agents to carry out such instruction, to receive and give receipts in respect of such purchases or sales and to do all such things incidental thereto in order to give effect to such instruction. PCN shall not make an entry in the Securities Account(s) unless instructed to do so by the Client or the Client’s duly authorised agent. Instructions from the Client or its agent may take the form of a standing instruction. PCN shall incur no liability for acting on any instruction, direction or other communication on which PCN is authorised to rely pursuant to this clause or for any delay in delivery of non-delivery or error in transmission. PCN will only vote on behalf of the Client if a voting instruction form is received from the Client by PCN by the stipulated date and time.

Appears in 1 contract

Sources: Custody and Settlements Agreement