Mandate and Instructions Sample Clauses

The 'Mandate and Instructions' clause defines the authority granted to a party, typically an agent or representative, to act on behalf of another party according to specified directions. This clause outlines the scope of the agent's powers, the types of actions they are permitted to undertake, and the procedures for receiving and following instructions from the principal. For example, it may specify whether the agent can make binding decisions, execute documents, or manage certain transactions. Its core function is to ensure clarity and prevent misunderstandings by formally establishing the boundaries and expectations of the agent's role and responsibilities.
Mandate and Instructions. (a) You agree that all Instructions in relation to the matters dealt with under this Agreement and/or any Applicable Agreement may only be given by you and/or your Authorised Agent strictly in accordance with the mandate for the time being in force and all such Instructions are valid and binding on you. (b) You agree to perform and ratify any Applicable Agreement, Investment and Transaction entered into or action taken by us as a result of such Instructions. (c) Until we receive notification in writing of the revocation of the appointment of your Authorised Agent, we are authorised (but shall not be obliged) to accept Instructions from such Authorised Agent provided always that we may, in our absolute discretion, require any such Instruction to be confirmed by you prior to executing the same. (d) You authorise us to accept, without verification, any Instruction which we reasonably believe to originate from you and/or your Authorised Agent, regardless of the circumstances prevailing at the time the Instructions were given or the nature or amount of any Transaction effected pursuant thereto and notwithstanding any error, misunderstanding, error in transmission, fraud, forgery or lack of clarity in the terms of such Instructions or lack of authority in relation to the Instructions. For the avoidance of doubt, we shall be under no duty to inquire into the authenticity of any Instruction or the identity or authority of the person giving or purporting to give any Instruction and you acknowledge and agree that you are under an express duty to prevent any fraudulent, forged or unauthorised Instruction from being given to us. (e) You authorise us to accept, rely and act upon any Instruction given or purported to be given by you or your Authorised Agent: (i) orally, whether by telephone or otherwise; (ii) which may be transmitted to us by facsimile, via email, electronic platforms or other electronic means; (iii) in such manner as we may determine and/or deem fit to accept from time to time. (f) Without limitation to the generality of Clause 31, you acknowledge that you are aware of the risks involved in the use of postal services, telephone, facsimile, email, electronic platforms, SMS, electronic communication or similar means of non-electronic and electronic transmission, which may include errors in transmission, technical defect, oversight, power or system failure, fraud, forgery, misunderstanding, theft or loss of mobile or other devices, unintended disclosure, ...
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Related to Mandate and Instructions

  • Background and Instructions History of Agreement- This agreement has been drafted by the Texas Student Privacy Alliance (TXSPA). The Alliance is a collaborative group of Texas school districts that share common concerns around student and data privacy. The Texas K-12 CTO Council is the organization that sponsors the TXSPAand the TXSPA is the Texas affiliate of the national Student Data Privacy Consortium (SDPC). The SDPC works with other state alliances by helping establish common data privacy agreements unique to the jurisdiction of each state. This Texas agreement was drafted specifically for K-12 education institutions and included broad stakeholder input from Texas school districts, statewide associations such as TASB, TASA, and TASBO, and the Texas Education Agency. The purpose of this agreement is to set standards of both practice and expectations around data privacy such that all parties involved have a common understanding of expectations. This agreement also provides a mechanism (Exhibit E- General Offer of Terms) that would allow an Operator to extend the ability of other Texas school districts to be covered under the terms of the agreement should an Operator sign Exhibit E. This mechanism is intended to create efficiencies for both Operators and LEAs and generally enhance privacy practices and expectations for K-12 institutions and for companies providing services to K-12 institutions.

  • Fund Instructions (i) The Manager of the Fund shall cause the Investment Adviser, custodian, legal counsel, independent accountants and other service providers and agents, past or present, for the Fund to cooperate with Administrator and to provide Administrator with such information, documents and communications as necessary and/or appropriate or as requested by Administrator, to enable Administrator to perform the Services. In connection with the performance of the Services, Administrator shall (without investigation or verification) be entitled, and is hereby instructed to, rely upon any and all Instructions, communications, information or documents provided to Administrator by any Authorized Person or by any of the aforementioned persons. Administrator shall be entitled to rely on any document that it reasonably believes to be genuine and to have been signed or presented by the proper party. Fees charged by such persons shall be an expense of the Fund. Administrator shall not be held to have notice of any change of authority of any Authorized Person, agent, representative or employee of the Manager, the Fund, Investment Adviser or service provider until receipt of written notice thereof from the Fund. (ii) The Fund shall provide Administrator with an updated certificate or other document, including, without limitation, Manager resolutions, evidencing the appointment, removal or change of authority of any Authorized Person, it being understood Administrator shall not be held to have notice of any change in the authority of any Authorized Person until receipt of written notice thereof from the Fund. (iii) Administrator, its officers, agents or employees shall accept Instructions given to them by any person representing or acting on behalf of the Fund only if such representative is an Authorized Person. The Fund agrees that when oral Instructions are given, it shall, upon the request of Administrator, confirm such Instructions in writing. (iv) At any time, Administrator may request Instructions from the Fund with respect to any matter arising in connection with this Agreement. If such Instructions are not received within a reasonable time, Administrator may seek advice from legal counsel for the Fund at the expense of the Fund, or its own legal counsel at its own expense, and it shall not be liable for any action taken or not taken by it in good faith in accordance with such instructions or in accordance with advice of counsel.

  • Reliance Upon Documents and Instructions The Custodian shall be entitled to rely upon any certificate, notice or other instrument in writing received by it and reasonably believed by it to be genuine. The Custodian shall be entitled to rely upon any Written Instructions actually received by it pursuant to this Agreement.

  • Authorized Instructions The Custodian shall be entitled to rely upon any Oral Instructions or Instructions actually received by the Custodian and reasonably believed by the Custodian to be from an Authorized Person (“Authorized Instructions”). Notwithstanding any other provision included in this Agreement, Written Instructions relating to the disbursement of cash of the Fund other than in connection with the purchase, sale or settlement of Securities, shall be in the form of a Certificate. The Fund agrees that an Authorized Person shall forward to the Custodian Instructions confirming Oral Instructions by the close of business of the same day that such Oral Instructions are given to the Custodian. The Fund agrees that the fact Instructions confirming Oral Instructions are not received or that contrary Instructions are received by the Custodian shall in no way affect the validity or enforceability of transactions authorized by such Oral Instructions and effected by the Custodian.

  • Proceedings and Instruments Satisfactory All proceedings, corporate or other, to be taken in connection with the transactions contemplated by this Agreement, and all documents incident thereto, shall be reasonably satisfactory in form and substance to Buyer and Buyer's counsel, and Seller shall have made available to Buyer for examination the originals or true and correct copies of all documents which Buyer may reasonably request in connection with the transactions contemplated by this Agreement.