Common use of Agreement Variations Clause in Contracts

Agreement Variations. 12.1 Subject to Sections 12.2, 12.3, 12.4 and 12.5 and except as otherwise provided in the Agreement, no variation of the terms and conditions of the Agreement shall be effective unless expressly agreed in writing by both parties. 12.2 Distributor may add to and change its contact details, its Information supplier or licensed usage on submission of a revised Annex 2. Distributor is required to notify BSE within thirty (30) Days of any change. Changes will be deemed to be accepted by BSE unless BSE objects in writing within thirty (30) Days of receiving the notification. 12.3 Distributor may change details of Affiliated Companies and Service Facilitators, on submission of written notification and a revised Annex 2 to BSE. Unless otherwise agreed, Distributor is required to notify BSE within thirty (30) Days of any change. Changes will be deemed to be accepted by BSE unless BSE objects in writing within thirty (30) Days of receiving the notification. BSE reserves rights to withhold or withdraw permission for any Person to act as a Service Facilitator. 12.4 BSE may add to and change its contact details specified in Annex 3, on submission of written notification to Distributor. 12.5 BSE may at any time unilaterally modify BSE Information Policies, BSE Schedule of Fees of Information Products, BSE Technical Specifications and BSE Information Packages as set out below: (a) BSE shall notify Distributor of the exact scope and the effective date of such modifications, (b) BSE shall provide notice of the proposed modification as specified in Section 12.6 below, (c) any such modification of the Agreement shall apply and be available equally to all Distributors, except for those that apply only to all Primary Distributors or all Secondary Distributors, as appropriate, (d) the entire text of the modified Agreement will be available on BSE Website. 12.6 BSE shall provide written notice of modifications as follows: (a) in the case of BSE Technical Specifications, one hundred and twenty (120) Days, although BSE reserves the right to make modifications on shorter notice if required to do so by regulatory authorities or operational emergencies, (b) in the case of BSE Schedule of Fees of Information Products, ninety (90) Days, but BSE makes reasonable efforts to provide a longer notice period, and the modification will take effect on the first Day of the following calendar quarter, (c) in the case of BSE Information Policies, as much advance notice as possible and in any event, no less than thirty (30) Days, (d) in the case of BSE Information Packages, BSE reserves the right to determine the length of the notice period in accordance with industry good practice. 12.7 BSE may make new fees or BSE Information Policies available to Distributors on shorter notice, for example to introduce lower fees, address policy issues or respond to new commercial opportunities, but any such fees or BSE Information Policies will not be obligatory for all Distributors before the expiry of the notice periods specified in Section 12.6. 12.8 When BSE modifies the Agreement pursuant to Section 12.5, Distributor may choose to terminate the Agreement with the termination taking effect on the effective date of modification or the thirtieth (30th) Day following the receipt of BSE’s notification of changes, whichever is the later. Distributor must advise BSE of intention to terminate the Agreement prior to the effective date of termination. If BSE does not receive notification to terminate Distributor shall be deemed to have accepted the modifications. 12.9 If Distributor terminates the Agreement pursuant to Section 12.8, BSE shall ensure that Distributor may use the service under the Agreement in the form it existed before the modification until such termination takes effect.

Agreement Variations. 12.1 Subject to Sections 12.2, 12.3, 12.4 and 12.5 and except as otherwise provided in the Agreement, no variation of the terms and conditions of the Agreement shall be effective unless expressly agreed in writing by both parties. 12.2 Distributor may add to and change its contact details, its Information supplier or licensed usage on submission of a revised Annex 2. Distributor is required to notify BSE within thirty (30) Days of any change. Changes will be deemed to be accepted by BSE unless BSE objects in writing within thirty (30) Days of receiving the notification. 12.3 Distributor may change details of Affiliated Companies and Service Facilitators, on submission of written notification and a revised Annex 2 to BSE. Unless otherwise agreed, Distributor is required to notify BSE within thirty (30) Days of any change. Changes will be deemed to be accepted by BSE unless BSE objects in writing within thirty (30) Days of receiving the notification. BSE reserves rights to withhold or withdraw permission for any Person to act as a Service Facilitator. 12.4 BSE may add to and change its contact details specified in Annex 3, on submission of written notification to Distributor. 12.5 BSE may at any time unilaterally modify Annex 1, BSE Information Policies, BSE Schedule of Fees of Information Products, BSE Technical Specifications and BSE Information Packages as set out below: (a) BSE shall notify Distributor of the exact scope and the effective date of such modifications, (b) BSE shall provide notice of the proposed modification as specified in Section 12.6 below, (c) any such modification of the Agreement shall apply and be available equally to all Distributors, except for those that apply only to all Primary Distributors or all Secondary Distributors, as appropriate, (d) the entire text of the modified Agreement will be available on BSE Website. 12.6 BSE shall provide written notice of modifications as follows: (a) in the case of BSE Technical Specifications, one hundred and twenty (120) Days, although BSE reserves the right to make modifications on shorter notice if required to do so by regulatory authorities or operational emergencies, (b) in the case of Annex 1, ninety (90) Days, (c) in the case of BSE Schedule of Fees of Information Products, ninety (90) Days, but BSE makes reasonable efforts to provide a longer notice period, and the modification will take effect on the first Day of the following calendar quarter, (cd) in the case of BSE Information Policies, as much advance notice as possible and in any event, no less than thirty (30) Days, (de) in the case of BSE Information Packages, BSE reserves the right to determine the length of the notice period in accordance with industry good practice. 12.7 BSE may make new fees or BSE Information Policies available to Distributors on shorter notice, for example to introduce lower fees, address policy issues or respond to new commercial opportunities, but any such fees or BSE Information Policies will not be obligatory for all Distributors before the expiry of the notice periods specified in Section 12.6. 12.8 When BSE modifies the Agreement pursuant to Section 12.5, Distributor may choose to terminate the Agreement with the termination taking effect on the effective date of modification or the thirtieth (30th) Day following the receipt of BSE’s notification of changes, whichever is the later. Distributor must advise BSE of intention to terminate the Agreement prior to the effective date of termination. If BSE does not receive notification to terminate Distributor shall be deemed to have accepted the modifications. 12.9 If Distributor terminates the Agreement pursuant to Section 12.8, BSE shall ensure that Distributor may use the service under the Agreement in the form it existed before the modification until such termination takes effect.