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proposed amendment shall not take effect until a filing with respect to the amendment under Section 19(b) of the Act has become effective. Otherwise, any use by Subscriber of the Service after the expiration of the one hundred and twenty (120) day notice period shall be deemed acceptance by Subscriber of the amendment, with the following exception. With respect to the data license set forth in under Section 2.E above, if within the one hundred twenty (120) day notice period the SEC or staff of the Division of MarketTrading & Markets Regulation exercising delegated authority has not reached a determination whether the proposed amendment should be filed under Section 19(b) of the Act, then the amendment shall not take effect pending such determination.


Subscriber may not alter any terms and conditions of this Agreement, and no modification to this Agreement proposed by Subscriber will be binding, unless in writing and manually signed by an authorized representative of each party.


No failure on the part of NASDAQ OMX or Subscriber to exercise, no delay in exercising, and no course of dealing with respect to any right, power, or privilege under this Agreement shall operate as a waiver thereof nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.


If any of the provisions of this Agreement, or application thereof to any individual, entity or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to individuals, entities, or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

Section 24.

Survival Of Provisions.

Sections 9, 10, 11, 12, 14, 18, 19, 20, 21, 22, 23, and 24 of this Agreement shall survive any cancellation, termination, or rescission of this Agreement.


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