Agreement to Provide Service; Compliance with Nasdaq Requirements; Subscriber Warranty. Upon Subscriber's request and pursuant to the Nasdaq Requirements, Subscriber shall designate, in writing, an agent (“Pricing Agent”) which shall have access to a Nasdaq system on behalf of Subscriber for purposes including, but not limited to, transmitting market quotations and certain other data of the Subscriber ("Data") for dissemination by Nasdaq to the press and certain quotation vendors. Such access and dissemination shall, for purposes of the Agreement, be included within the definition of "Service”. If this Agreement is being made on behalf of one or more funds which are members of a funds complex, a list of such funds is attached hereto, and the execution of the Agreement shall be on behalf of all named funds individually and not as a joint venture. Without prior written Nasdaq consent, only funds quoted on systems operated by Nasdaq may be included in the list. Each portfolio of a series fund shall be treated as a separate fund under the Agreement. Until the Agreement is terminated or canceled, Nasdaq agrees to provide to Subscriber, through its Pricing Agent, on the terms and conditions set forth herein, the Service, which Subscriber requests and for which Subscriber is eligible under the Nasdaq Requirements. Subscriber warrants that it is and will continue to be during the term of this Agreement in compliance with the Agreement and the Nasdaq Requirements. Subscriber agrees that (a) the Service is provided when Nasdaq provides a server or other provider to Subscriber’s Pricing Agent that said Pricing Agent may access, whether or not the Pricing Agent actually accesses it; and (b) there are no standards of performance for the Service except any that are expressly set forth in this Agreement.
Agreement to Provide Service; Compliance with Nasdaq Requirements; Subscriber Warranty. Until the Agreement is terminated or canceled, Nasdaq agrees to provide to Subscriber, on the terms and conditions set forth herein, the Service, which Subscriber requests and for which Subscriber is eligible under the Nasdaq Requirements. Subscriber warrants that it is, will continue to be during the term of this Agreement, and will only use the Service, in compliance with the Agreement and the Nasdaq Requirements. Subscriber further warrants that it shall provide Nasdaq with prompt Notice of any change in the name of the Subscriber, the address of the Subscriber, Subscriber’s Security Administrator or any other relevant information. Subscriber agrees that (a) the Service is provided when Nasdaq provides a server or other provider that Subscriber may access, whether or not Subscriber actually accesses it; and (b) there are no standards of performance for the Service except any that are expressly set forth in this Agreement.
