limited to, the contents of any awards, shall be considered Confidential Information.
The arbitration proceeding shall be held in the City of New York, unless otherwise agreed by the Parties. The decision rendered through arbitration shall be final and binding upon the Parties hereto and judgment may be entered in accordance with applicable law in any court having jurisdiction thereof.
Any challenge to an arbitration decision or proceeding (other than entry or enforcement of an arbitration award/judgment) shall be brought solely in the federal or local court(s) of and for the State of New York.
The foregoing procedures shall not preclude either Party from: (i) petitioning a regulatory body regarding a matter in question over which the regulatory body has administrative jurisdiction; or (ii) pursuing injunctions before any administrative or judicial forum provided that all monetary and other relief is submitted for arbitration.
The Parties shall not submit claims for punitive damages, and do hereby waive any right to the same and the arbitrators shall not be authorized to award punitive damages.
A Party’s demand for arbitration, which shall be effective upon receipt, shall not be made after the date when institution of legal or equitable proceedings based upon such claim, dispute, controversy or other matter in question would be barred by the applicable statute of limitations or laches. In no event shall such claim, dispute, controversy or other matter in question be made later than one year after the claim, dispute, controversy or other matter in question has arisen (unless the claim, dispute, controversy or other matter in question is related to the collection of past due payments).
Waiver of Claims. Except as may be set forth in Requirements, their Parties and the Parties’ employees,
the NASDAQ OMX directors, agents and
associated persons expressly waive any claims, disputes, matters not brought within the period set forth herein.
Notice. All notices, invoices, and other communications required to be given under this Agreement to Subscriber shall be: (i) posted on a specially designated location on NASDAQ Trader, and, at Subscriber’s election, transmitted through email notice to the email address most recently designated by Subscriber; or (ii) given in writing and sent to Subscriber at the office address most recently designated by Subscriber. All notice and other communications required to be give under this Agreement to NASDAQ OMX shall be sent to NASDAQ OMX, U.S. Exchange Subscriber Services, One Liberty Plaza, 165 Broadway, New York, NY 10006, and addressed to the attention of the Agreements Administrator, with, in the event of notices of dispute, default or objection, a required copy to:
The Nasdaq Stock MarketNASDAQ OMX Group, Inc. 21