NASDAQ OMX U.S. Services Agreement
THIS AGREEMENT (“Agreement”), is made by and between The Nasdaq Stock M a r k e t N A S D A Q O M X G r o u p , I n c . , a D e l a w a r e C o r p o r a t i o n w h o s e p r i n c i p a l o f f i c e s a r e l o c a t e at One Liberty Plaza, 165 Broadway, __________________________________________ d York, NY (“Subscriber”), and a 10006, New
______________________________________________________________________________ ___ corporation whose principal offices are located at _______________________________________________ _______________________________________________, and each of the subsidiaries of The NASDAQ OMX Group, Inc. that provides any portion of the Service (as defined below) to Subscriber hereunder. Such subsidiaries may include, but are not limited to, The NASDAQ Stock Market LLC; The NASDAQ Options Market LLC; Boston Stock Exchange, Inc.; BSX Group LLC; Philadelphia Stock Exchange, Inc.; The FINRA/NASDAQ Trade Reporting Facility LLC; and Nasdaq Technology Services, LLC and each of their respective successors and assigns.
The Agreement is binding when executed by Subscriber provided that Subscriber executes the
Agreement in accordance with Section MarketNASDAQ OMX Group, Inc. and NASDAQ OMX Group, Inc. that provide
23.A (“Effective Date”). The Nasdaq Stock itseach of the subsidiaries and affiliatesof The any portion of the Service (as defined below) to
Subscriber hereunder are collectively referred to herein as “NASDAQ OMX”. and Subscriber are each individually a “Party” and collectively the “Parties”.
WHEREAS, NASDAQ OMX has developed the NASDAQ OMX System (“System”) which enables eligible individuals or entities to receive the Service, as further defined in Section 1.A herein, relating to: (i) eligible securities or other financial instruments, U.S. exchanges, markets, products, vehicles, indicators, or devices; (ii) persons regulated by, or to activities of, NASDAQ OMX; (iii) information, data, and services offered by NASDAQ OMX from other sources; or (iv) other information and data from NASDAQ. OMX; and
WHEREAS, Subscriber, representing that it is eligible to do so, is desirous of gaining access to the Service:.
NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, the Parties, intending to be legally bound, agree as follows:
Agreement to Provide Products and Services; Compliance with NASDAQ OMX Requirements; Subscriber Warranty.
NASDAQ OMX agrees to provide to Subscriber, on the terms and conditions set forth herein, such information, data, access, capabilities, execution services, functions, features, software, or equipment that are related to the System (collectively, the “Service”; Service may also include as applicable, the performance of the Service and any deliverables or items delivered under this Agreement) as described in this Agreement or in the NASDAQ OMX Requirements, as hereinafter defined, which Subscriber requests and for which Subscriber is eligible under the NASDAQ OMX Requirements. The terms and
Revised July 5, 2006.May 8, 2008