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AG 2004 07 26
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AG 2004 07 26
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Last modified
3/9/2006 9:20:03 PM
Creation date
11/27/2017 11:38:35 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/26/2004
Board
Board of Commissioners
Meeting Type
Regular
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-5- <br /> <br /> 6. Customer shall pay to Custodian the fees and charges as may be specifically agreed upon from time to time and <br />such other fees and charges at Custodian's standard rates for such services as may be applicable. Customer shall reimburse Custodian <br />for all costs associated with the conversion of Customer's U.S. Securities hereunder and the transfer of U.S. Securities and records <br />kept in connection with this Agreement. Customer shall also reimburse Custodian for out-of-pocket expenses wluch are a normal <br />incident of the services provided hereunder. Custodian may debit the Account for amounts payable hereunder which remain in arrears <br />for over 60 days. <br /> <br /> 7. In addition to the rights of Custodian under applicable law and other agreements, at any time when Customer shall <br />not have honored any and all of its obligations to Custodian, whether or not relating to or arising under this Agreement, Custodian <br />shall have the right without notice to Customer to retain or set-off, against such obhgations of Customer, any U.S. Securities or cash <br />Custodian or a BNY Affiliate may directly or indirectly hold for the account of Customer, and any obligations (whether matured or <br />unmatured) that Custodian or a BNY Affiliate may have to Customer. Any such asset of, or obligation to, Customer may be <br />transferred to Custodian and any BNY Affiliate in order to effect the above rights. <br /> <br /> 8. (a) Subject to the terms below, Custodian shall be entitled to rely upon any Written or Oral Instructions <br />actually received by Custodian and reasonably believed by Custodian to be duly authorized and delivered. Customer agrees to <br />forward to Custodian Written Instructions confirming Oral Instructions by the close of business of the same day that such Oral <br />Instructions are given to Custodian. Customer agrees that the fact that such confhxning Written Instructions are not received or that <br />contrary Written Instructions are received by Custodian shall in no way affect the validity or enforceability of transactions authorized <br />by such Oral Instructions and effected by Custodian. <br /> <br /> (b) If Custodian receives Written Instructions which appear on their face to have been transmitted by Customer via (i) <br />computer facsimile, email, the Intemet or other insecure electronic method, or (ii) secure electronic transmission containing applicable <br />authorization codes, passwords and/or authentication keys, Customer understands and agrees that Custodian cannot determine the <br />identity of the actual sender of such Written Instructions and that Custodian shall conclusively presume that such Written Instructions <br />have been sent by an Authorized Person. Customer shall be responsible for ensuring that only Authorized Persons transmit such <br />Written Instructions to Custodian and that all Authorized Persons treat applicable user and authorization codes, passwords and/or <br />authentication keys with extreme care. <br /> <br /> (c) Customer acknowledges and agrees that it is fully informed of the protections and risks associated with the various <br />methods of transmitting Written Instructions to Custodian and that there may be more secure methods of transmitting Written <br />Instructions than the method(s) selected by Customer. Customer agrees that the security procedures (if any) to be followed in <br />connection with its transmission of Written Instructions provide to it a commercially reasonable degree of protection in light of its <br />particular needs and circumstances. <br /> <br /> (d) If Customer elects to transmit Written Instructions through an on-line communication system offered by Custodian, <br />Customer's use thereof shall be subject to the Terms and Conditions attached hereto as Appendix I. If Customer elects (with <br />Custodian's prior consen0 to transmit written instructions through an on-line communications service owned or operated by a third <br />party, Customer agrees that Custodian shall not be responsible or liable for the reliability or availability of any such service. <br /> <br /> 9. Upon reasonable request and provided Custodian shall suffer no significant disruption of its normal activities, <br />Customer shall have access to Custodian's books and records relating to the Account during Custodian's normal business hours. Upon <br />reasonable request, copies of any such books and records shall be provided to Customer at Customer's expense. <br /> <br /> 10. It is understood that Custodian is authorized to supply any information regarding the Account which is required by <br />any law, regulation or rule now or hereafter in effect. <br /> <br /> 11. Custodian shall not be responsible or liable for any failure or delay in the performance of its obligations under this <br />Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without <br />limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; sabotage; epidemics; riots; interruptions, loss or <br />malfunctions of utilities, computer (hardware or software) or communications service; accidents; labor disputes; acts of civil or <br />mditary authority or governmental actions; it being understood that Custodian shall use its best efforts to resume performance as soon <br />as practicable under the circumstances. <br /> <br /> 12. Custodian may enter into subcontracts, agreements and understandings with any BNY Affiliate, whenever and on <br />such terms and conditions as it deems necessary or appropriate to perform ~ts services hereunder. No such subcontract, agreement or <br />understanding shall discharge Custodian from its obligations hereunder. <br /> <br /> 13. Custodian shall have no duties or responsibilities whatsoever except such duties and responsibilities as are <br />specifically set forth in this Agreement, and no covenant or obligation shall be implied against Custodian in connection with this <br />Agreement. <br /> <br /> <br />
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