Statements and Information Available On-Line. (a) Bank will send, or make available on-line, to Customer on a daily basis an activity statement and summary of all transfers to or from the Accounts on the day following such transfers and on a monthly basis a formal, detailed statement of account in Bank’s standard format for each Account maintained by Customer with Bank, identifying the Financial Assets and cash held in each Account (each such statement a “Statement of Account”). Additionally, Bank will send (or make available on-line) to Customer an advice or notification of any transfers of cash or Financial Assets with respect to each Account. Unless Bank receives from Customer a written notice or objection with regard to any matter set forth in those portions of any Statement of Account or any such advice or notification (or reasonably implied therefrom) within sixty (60) days of receipt of the Statement of Account, Bank will not be liable with respect to such matters, advice or notification, provided such matter is not the result of Bank’s willful misconduct or bad faith. References in this Agreement to Statements of Account include Statements of Account in electronic form. (b) As Customer may reasonably request from time to time, Bank shall provide Customer with the published reports from its outside auditor on the internal accounting controls and procedures for safeguarding Financial Assets, which are employed by Bank. (c) Prices and other information obtained from third parties which may be contained in any Statement of Account or other statement sent to Customer have been obtained from sources Bank believes to be reliable. Bank does not, however, make any representation as to the accuracy of such information or that the prices specified necessarily reflect the proceeds that would be received on a disposal of the relevant Financial Assets. (d) Customer acknowledges that, except for Statements of Account or as otherwise expressly agreed by Bank, records and reports available to it on-line may not be accurate due to mis-postings, delays in updating Account records, and other causes. Bank will not be liable for any loss or damage arising out of the inaccuracy of any such records or reports accessed on-line, unless such loss or damage is the result of Bank’s bad faith or willful misconduct.
Appears in 1 contract
Sources: Domestic Custody Agreement (Ziegler Exchange Traded Trust)
Statements and Information Available On-Line. (a) Bank The Custodian will send, or make available on-line, send to Customer on a daily basis an activity statement and summary of all transfers to or from the Accounts on the day following such transfers and on a monthly basis a formalCollateral Agent, detailed statement at times mutually agreed upon, formal statements of account in Bank’s the Custodian's standard format for each Account maintained by Customer with BankIncluded Account, identifying the Financial Assets and cash Cash held in each Included Account (each such statement a “Statement of Account”"STATEMENT OF ACCOUNT"). Additionally, Bank the Custodian will send (or make available on-line) to Customer and the Collateral Agent an advice or notification of any transfers of cash Cash or Financial Assets with respect to each Included Account. Unless Bank receives from Customer a written notice or objection The Custodian will not be liable with regard respect to any matter set forth in those portions of any Statement of Account or any such advice or notification (or reasonably implied therefrom) to which Customer has not given the Custodian a written exception or objection within sixty (60) days of receipt of the Statement of Account, Bank will not be liable with respect to such matters, advice or notification, provided such matter is not the result of Bank’s the Custodian's gross negligence, willful misconduct or bad faith. References in this Agreement to Statements of Account include Statements of Account in electronic form.
(b) As Customer may reasonably request from time to time, Bank shall provide Customer with the published reports from its outside auditor on the internal accounting controls and procedures for safeguarding Financial Assets, which are employed by Bank.
(c) Prices and other information obtained from third parties which may be contained in any Statement of Account or other statement sent to Customer have been obtained from sources Bank the Custodian believes to be reliable. Bank The Custodian does not, however, make any representation as to the accuracy of such information or that the prices specified necessarily reflect the proceeds that would be received on a disposal of the relevant Financial Assets.
(dc) Customer acknowledges that, except for Statements of Account or as otherwise expressly agreed by Bankthe Custodian, records and reports available to it on-line may not be accurate due to mis-postings, delays in updating Included Account records, and other causes. Bank The Custodian will not be liable for any loss or damage arising out of the inaccuracy of any such records or reports accessed on-line, unless such loss or damage is the result of Bank’s bad faith or willful misconduct.
Appears in 1 contract
Sources: Custodial Agreement (York Enhanced Strategies Fund, LLC)
Statements and Information Available On-Line. (a) Access by a Fund to certain applications or products of ▇.▇. ▇▇▇▇▇▇ via ▇.▇. ▇▇▇▇▇▇'▇ web site or otherwise shall be governed by this Agreement and the terms and conditions set forth in Schedule 1.
(b) The Bank will send, or make available on-line, to Customer on a daily basis an activity statement Fund within such time frames as are agreed and summary of all transfers to or from detailed in the Accounts on the day following such transfers and on Service Level Agreement, a monthly basis a formal, detailed formal statement of account in the Bank’s 's standard format for each Account maintained by Customer a Fund with Bank, the Bank identifying the Financial Assets Securities and cash held in each Account (each such statement a “"Statement of Account”"). Additionally, the Bank will send (or make available on-lineline to) to Customer an advice or the Investment Manager a notification of any transfers of cash or Financial Assets Securities with respect to each AccountAccount (each notification an "Account Notification"). Unless The Investment Manager will promptly review each Statement of Account and Account Notification and give the Bank receives from Customer a written notice of any exception or objection thereto within fourteen (14) days of receipt of the Statement of Account or Account Notification (as applicable). Accordingly, the Bank will not be liable with regard respect to any matter set forth in those portions of any Statement of Account or Account Notification (as applicable) or any such advice or notification (or reasonably implied therefrom) to which the Investment Manager has not given the Bank a written exception or objection within sixty fourteen (6014) days of receipt of the Statement of Account, Bank will not be liable with respect to such matters, advice Account or notificationAccount Notification (as applicable), provided such matter is not the result of the Bank’s 's negligence, willful misconduct default, fraud, dishonesty, lack of good faith or bad faithreckless disregard or breach of this Agreement. References in this Agreement to Statements of Account and Account Notifications include Statements of Account and Account Notifications in electronic form.
(b) As Customer may reasonably request from time to time, Bank shall provide Customer with the published reports from its outside auditor on the internal accounting controls and procedures for safeguarding Financial Assets, which are employed by Bank.
(c) Prices and other information obtained from third parties which may be contained in any Statement of Account or other statement notification sent to Customer a Fund have been obtained from sources the Bank believes to be reliable. The Bank does not, however, make any representation as to the accuracy of such information or that the prices specified necessarily reflect the proceeds that would be received on a disposal of the relevant Financial AssetsSecurities.
(d) Customer acknowledges thatSubject to Clause 8.1(e) of this Agreement, except for Statements of Account or as otherwise expressly agreed by Bank, records and reports available to it on-line may not be accurate due to mis-postings, delays in updating Account records, and other causes. the Bank will not be liable for any loss or damage arising out of the inaccuracy of any such Statement of Account, Account Notification, records or reports accessed on-lineline to the extent due to Force Majeure Events, unless computer hacking, corruption, delays in updating accounts, transmission errors or access availability risks associated with using open networks such loss as the internet (each a "Network Corruption") and provided that the Bank has instituted commercially reasonable safeguards in its systems against computer hacking or damage is corruption. In the result event of Bank’s bad faith or willful misconductany Network Corruption which prevents delivery of any Statement of Account, the Bank will promptly consult with the Investment Manager and agree an alternative method of delivering any Statement of Account to the Investment Manager until such time as the Network Corruption has ceased.
(e) Upon written request, Bank will supply a copy of its current SAS 70 Report to Fund.
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