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Agreement, express or implied, is intended to or shall: (a) confer on any individual or entity other than the Parties hereto, or their respective permitted successors or assigns, any rights to remedies under or by reason of this Agreement; (b) constitute the Parties hereto partners or participants in a joint venture; or (c) appoint one Party the agent of the other.

Section 17.

Entire Agreement. This “Agreement” consists of this NASDAQ OMX U.S. Services Agreement (“NSA”) together with any attachments, addenda, cover

sheets,

amendments,

and materials referenced herein (collectively,

the

“Attachments”), including, but not limited to, the NASDAQ OMX Requirements, as any of these items may be added to, deleted from, or amended from time to time. This Agreement constitutes the entire agreement between the Parties with

respect to the subject matter communications, writings, and

hereof, and supersedes

understandings.

In

the

all prior event of

negotiations, any conflict

between the provisions of the NSA, the Attachments, or the NASDAQ Requirements, the order of preference shall be the NASDAQ Requirements, the Attachments, and the NSA. All personal pronouns used

OMX OMX in this

Agreement, whether used in the masculine, feminine or include all other genders, if and where applicable. The use Agreement shall include the plural, and vice versa. Section

neuter gender, shall of the singular in this headings are included

for convenience only and are not Agreement. All references contained

to be herein

used to construe or interpret this to sections or subsections shall refer

to

the

to

the

sections sections

or

subsections

or

subsections

of of

this Agreement, unless another document.

specific

reference

is

made

Section 18.

Arbitration.

A.

Except as may be provided in the NASDAQ OMX Requirements, all claims, disputes, controversies, and other matters in question between the Parties to this Agreement and the Parties’ employees, directors, agents and associated persons arising out of, or relating to this Agreement, or to the breach hereof, shall be settled by final binding arbitration in accordance with this Agreement and the following procedure or such other procedures as may be mutually agreed upon by the Parties.

B.

Except as otherwise provided herein or by agreement of the Parties, any arbitration proceeding shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association or in accordance with such other rules and procedures as are agreed to by the Parties. The number of arbitrators to preside over an arbitration shall be as follows: (a) where the amount being sought is $25,000.00 or less, one (1) arbitrator shall preside; (b) where the amount being sought is more than $25,000.00, but less than $500,000.00 or where no amount is sought, three (3) arbitrators shall preside; and (c) where the amount being sought is more than $500,000.00, five (5) arbitrators shall preside.

C.

The arbitrators shall render a written award, if any, for each claim. The Parties agree that the arbitration proceedings and any aspect thereof, including, but not

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