Common use of AGREEMENT AND DEFINED TERMS Clause in Contracts

AGREEMENT AND DEFINED TERMS. (a) The terms of this agreement (this “Agreement”) consist of: (1) these ICE Data Services General Terms and Conditions (including the Additional Terms and Conditions for Feeds Services set forth in Exhibit A and any and all Annexes to Exhibit A, attached hereto) (the “General Terms and Conditions”); (2) an order form or schedule making reference to these General Terms and Conditions (the “Order Form”) and signed by both ICE Data Services Limited, a limited liability company under English law, having its registered office located at Xxxxxx Gate, 00 Xxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX, registered in the companies register of England and Wales under number 05300420, or its Affiliate, as defined below, (the “Supplier”) and the client identified in such Order Form (the “Client”); and (3) any Additional Terms Schedule(s) referred to in the Order Form (each, an “Additional Terms Schedule”). (b) Capitalised terms, wherever used in this Agreement, have the meanings given in these General Terms and Conditions, the Order Form and the applicable Additional Terms Schedule. (c) In the event of any conflict or inconsistency the order of interpretation shall be as follows: (1) Order Form; (2) Additional Terms Schedule; (3) General Terms and Conditions. (d) A provision of these General Terms and Conditions is referred to as a “Clause” (except that a provision of Exhibit A to these General Terms and Conditions is referred to as a “Section”), and a provision of an Additional Terms Schedule is referred to as a “paragraph”. (e) In this Agreement, the term “Affiliate” means: (1) in respect of the Supplier, any partnership or joint venture of which the Supplier is a part, or any subsidiary, parent, subsidiary of a parent (in each case, direct or indirect) or affiliated corporation of the Supplier, including, but not limited to, Intercontinental Exchange, Inc., Intercontinental Exchange Holdings, Inc., ICE Futures U.S., Inc., ICE Futures Europe, ICE Futures Canada, Inc., New York Stock Exchange LLC, NYSE Arca, Inc., NYSE LIFFE Holdings, LLC, LIFFE Administration & Management , NYSE Technologies Connectivity Inc., NYSE Technologies Canada, Ltd. ICE Futures Singapore Pte Ltd, ICE Data Services Europe Limited, ICE Data LP, ICE Data Services, Inc., ICE Data Connectivity & Feeds, Inc., ICE Data Services Wireless LLC, ICE Data Services Singapore Pte. Ltd., ICE Data Services Hong Kong Limited, ICE Data Services Japan KK, ICE Data Services Australia Pty LTD and any entity carrying on business under any of the foregoing names (or any derivative form of any of those names) and any operator of any ICE or NYSE Liffe regulated market; and (2) in respect of the Client, any entity directly or indirectly controlling, controlled by or under common control with another entity, where “control” means ownership of more than 50% of the voting stock or other equity interests of an entity, or the rights to direct the management of such entity.

AGREEMENT AND DEFINED TERMS. (a) The terms of this agreement (this “Agreement”) consist of: (1) these ICE Data Services General Terms and Conditions (including the Additional Terms and Conditions for Feeds Services set forth in Exhibit A and any and all Annexes to Exhibit A, attached hereto) (the “General Terms and Conditions”); (2) an order form or schedule making reference to these General Terms and Conditions (the “Order Form”) and signed by both ICE Data Services LimitedConnectivity & Feeds, Inc., a limited liability company under English lawUS corporation, having its registered office primary address located at Xxxxxx Gate, 00 000 Xxxxxxxx Xxxxxx, Xxxxx Xxxxxx, Xxx Xxxx, Xxxxxx XX0X 0XX, registered in the companies register Xxxxxx of England and Wales under number 05300420America, or its Affiliate, as defined below, (the “Supplier”) and the client identified in such Order Form (the “Client”); and (3) any Additional Terms Schedule(s) referred to in the Order Form (each, an “Additional Terms Schedule”). (b) Capitalised terms, wherever used in this Agreement, have the meanings given in these General Terms and Conditions, the Order Form and the applicable Additional Terms Schedule. (c) In the event of any conflict or inconsistency the order of interpretation shall be as follows: (1) Order Form; (2) Additional Terms Schedule; (3) General Terms and Conditions. (d) A provision of these General Terms and Conditions is referred to as a “Clause” (except that a provision of Exhibit A to these General Terms and Conditions is referred to as a “Section”), and a provision of an Additional Terms Schedule is referred to as a “paragraph”. (e) In this Agreement, the term “Affiliate” means: (1) in respect of the Supplier, any partnership or joint venture of which the Supplier is a part, or any subsidiary, parent, subsidiary of a parent (in each case, direct or indirect) or affiliated corporation of the Supplier, including, but not limited to, Intercontinental Exchange, Inc., Intercontinental Exchange Holdings, Inc., ICE Futures U.S., Inc., ICE Futures Europe, ICE Futures Canada, Inc., New York Stock Exchange LLC, NYSE Arca, Inc., NYSE LIFFE Holdings, LLC, LIFFE Administration & Management , NYSE Technologies Connectivity Inc., NYSE Technologies Canada, Ltd. ICE Futures Singapore Pte Ltd, ICE Data Services Europe Limited, ICE Data LP, ICE Data Services, Inc., ICE Data Connectivity & Feeds, Inc.Services Limited, ICE Data Services Wireless LLC, ICE Data Services Singapore Pte. Ltd., ICE Data Services Hong Kong Limited, ICE Data Services Japan KK, ICE Data Services Australia Pty LTD and any entity carrying on business under any of the foregoing names (or any derivative form of any of those names) and any operator of any ICE or NYSE Liffe regulated market; and (2) in respect of the Client, any entity directly or indirectly controlling, controlled by or under common control with another entity, where “control” means ownership of more than 50% of the voting stock or other equity interests of an entity, or the rights to direct the management of such entity.

AGREEMENT AND DEFINED TERMS. (a) The terms of this agreement (this “Agreement”) consist of: (1) these ICE Data Services General Terms and Conditions (including the Additional Terms and Conditions for Feeds Services set forth in Exhibit A and any and all Annexes to Exhibit A, attached hereto) (the “General Terms and Conditions”); (2) an order form or schedule making reference to these General Terms and Conditions (the “Order Form”) and signed by both ICE Data Services LimitedLtd., a limited liability company under English law, having its registered office located at Xxxxxx Gate, 00 Xxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX, registered in the companies register of England and Wales under number 05300420, or its Affiliate, as defined below, (the “Supplier”) and the client identified in such Order Form (the “Client”); and (3) any Additional Terms Schedule(s) Schedule referred to in the Order Form (each, an “Additional Terms Schedule”). (b) Capitalised terms, wherever used in this Agreement, have the meanings given in these General Terms and Conditions, the Order Form and the applicable Additional Terms Schedule. (c) In the event of any conflict or inconsistency inconsistency, the order of interpretation shall be as follows: (1) Order Form; (2) applicable Additional Terms Schedule; (3) General Schedule takes precedence over these Terms and Conditions. (d) In the event of any conflict or inconsistency, the Order Form takes precedence over these Terms and Conditions and the Additional Terms Schedule. (e) A provision of these General Terms and Conditions is referred to as a “Clause” (except that a provision of Exhibit A to these General Terms and Conditions is referred to as a “Section”), and a provision of an Additional Terms Schedule is referred to as a “paragraph”. (ef) In this Agreement, the term “Affiliate” means: (1) in respect of the Supplier, any partnership or joint venture of which the Supplier is a part, or any subsidiary, parent, subsidiary of a parent (in each case, direct or indirect) or affiliated corporation of the Supplier, including, but not limited to, Intercontinental Exchange, Inc., Intercontinental Exchange Holdings, Inc., ICE Futures U.S., Inc., ICE Futures Europe, ICE Futures Canada, Inc., New York Stock Exchange LLC, NYSE Arca, Inc., NYSE LIFFE Holdings, LLC, LIFFE Administration & Management , NYSE Technologies Connectivity Inc., NYSE Technologies Canada, Ltd. ICE Futures Singapore Pte Ltd, ICE Interactive Data Services Europe (Europe) Limited, ICE Data LP, ICE Data Services, Inc., ICE Data Connectivity & Feeds, Inc., ICE Data Services Wireless LLC, ICE Data Services Singapore Pte. Ltd., ICE Data Services Hong Kong Limited, ICE Data Services Japan KK, ICE Data Services Australia Pty LTD and any entity carrying on business under any of the foregoing names (or any derivative form of any of those names) and any operator of any ICE or NYSE Liffe regulated market; and (2) in respect of the Client, any entity directly or indirectly controlling, controlled by or under common control with another entity, where “control” means ownership of more than 50% of the voting stock or other equity interests of an entity, or the rights to direct the management of such entity.

AGREEMENT AND DEFINED TERMS. (a) The terms of this agreement (this “Agreement”) consist of: (1) these ICE Data Services General Terms and Conditions (including the Additional Terms and Conditions for Feeds Services set forth in Exhibit A and any and all Annexes to Exhibit A, attached hereto) (the “General Terms and Conditions”); (2) an order form or schedule making reference to these General Terms and Conditions (the “Order Form”) and signed by both ICE Data Services LimitedConnectivity & Feeds, Inc., a limited liability company under English lawUS corporation, having its registered office primary address located at Xxxxxx Gate, 00 Xxxxxxxx Xxxx 00xx Xxxxxx, Xxxxxx XX0X 0XX00xx Xxxxx, registered in the companies register of England and Wales under number 05300420Xxx Xxxx, XX 00000, or its Affiliate, as defined below, (the “Supplier”) and the client identified in such Order Form (the “Client”); and (3) any Additional Terms Schedule(s) referred to in the Order Form (each, an “Additional Terms Schedule”). (b) Capitalised terms, wherever used in this Agreement, have the meanings given in these General Terms and Conditions, the Order Form and the applicable Additional Terms Schedule. (c) In the event of any conflict or inconsistency the order of interpretation shall be as follows: (1) Order Form; (2) Additional Terms Schedule; (3) General Terms and Conditions. (d) A provision of these General Terms and Conditions is referred to as a “Clause” (except that a provision of Exhibit A to these General Terms and Conditions is referred to as a “Section”), and a provision of an Additional Terms Schedule is referred to as a “paragraph”. (e) In this Agreement, the term “Affiliate” means: (1) in respect of the Supplier, any partnership or joint venture of which the Supplier is a part, or any subsidiary, parent, subsidiary of a parent (in each case, direct or indirect) or affiliated corporation of the Supplier, including, but not limited to, Intercontinental Exchange, Inc., Intercontinental Exchange Holdings, Inc., ICE Futures U.S., Inc., ICE Futures Europe, ICE Futures Canada, Inc., New York Stock Exchange LLC, NYSE Arca, Inc., NYSE LIFFE Holdings, LLC, LIFFE Administration & Management , NYSE Technologies Connectivity Inc., NYSE Technologies Canada, Ltd. ICE Futures Singapore Pte Ltd, ICE Data Services Europe Limited, ICE Data LP, ICE Data Services, Inc., ICE Data Connectivity & Feeds, Inc.Services Limited, ICE Data Services Wireless LLC, ICE Data Services Singapore Pte. Ltd., ICE Data Services Hong Kong Limited, ICE Data Services Japan KK, ICE Data Services Australia Pty LTD and any entity carrying on business under any of the foregoing names (or any derivative form of any of those names) and any operator of any ICE or NYSE Liffe regulated market; and (2) in respect of the Client, any entity directly or indirectly controlling, controlled by or under common control with another entity, where “control” means ownership of more than 50% of the voting stock or other equity interests of an entity, or the rights to direct the management of such entity.