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Agreement or in any other document furnished by Subscriber becomes untrue or inaccurate and is not made true or accurate within the notice period; or

  • E.

    NASDAQ OMX, upon not less than thirty (30) days’ prior written notice, should it determine that it will cease providing the same class of Service to all other eligible individuals or entities that were receiving the same class of Service as Subscriber.

  • F.

    NASDAQ OMX, immediately, in the event that Subscriber has materially violated or is about to materially violate any applicable law, rule or regulation in connection with its use of the System.

The right of termination set forth herein is in addition to any other remedy at law or in equity that is available to one Party with respect to a breach by the other.

Section 7.

Integrity of Service. Subscriber agrees not to format, display, or alter the information or data received through and from the Service in violation of the NASDAQ OMX Requirements; to affect materially the integrity of the information or data received through and from the Service; or to render the information or data received through the Service inaccurate, unfair, uninformative, fictitious, misleading, or discriminatory. Subscriber warrants that it will not interfere with or adversely affect any NASDAQ OMX-provided equipment or software, or any of the component parts or processes of the Service or the System, or any use thereof by any other authorized individuals or entities or the operation of the Service or the System.

Section 8.

Requirements of Self-Regulatory Organizations; Securities Processor; Actions To Be Taken In Fulfillment of Statutory Obligations.


Subscriber acknowledges: (i) that the National Association of Securities DealersFinancial Industry Regulatory Authority, Inc. (“NASDFINRA”) is registered with the SEC as a national securities association pursuant to Section 15A of the Act; (ii) that the NASD and certain subsidiaries of The NASDAQ OMX Group, Inc. (the “NASDAQ OMX U.S. Exchanges”) are registered with the SEC as national securities exchanges pursuant to Section 6 of the Act, (iii) that FINRA and the NASDAQ OMX U.S. Exchanges have a statutory obligation to protect investors and the public interest, and to ensure that quotation information supplied to investors and the public is fair and informative, and not discriminatory, fictitious or misleading; (iii) that Section 19(g)(1) of the Act mandates that NASDFINRA and the NASDAQ OMX U.S. Exchanges comply with the NASDAQ OMX Requirements and that the NASDAQ has OMX U.S. Exchanges have jurisdiction over their respective members of the exchange operated by NASDAQ to enforce compliance with the NASDAQ OMX Requirements; (iv) that NASDFINRA has jurisdiction over its members to


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