Common use of EQUIPMENT SUPPLIED BY AUTHORIZING SROS Clause in Contracts

EQUIPMENT SUPPLIED BY AUTHORIZING SROS. (a) SCOPE: DEFINITION This Paragraph 16 applies to Subscriber Equipment that one or more Authorizing SROs supply (“SRO Equipment”). (b) OWNERSHIP-The Authorizing SRO(s) or their supplier(s) own SRO Equipment. Subscriber shall not relocate, remove or alter SRO Equipment, or attach to SRO Equipment any equipment other than authorized equipment that an authorized vendor supplies, without NYSE’s written consent. Subscriber shall return SRO Equipment in the same condition as it was when installed except for normal wear and tear and for failures for which the Authorizing SROs are responsible under Paragraph 16(d). (c) ACCESS TO PREMISES-Subscriber shall assure that authorized representatives of the Authorizing SRO’s and of their suppliers and service contractors may install, repair, maintain, relocate and replace SRO Equipment, and may remove any SRO Equipment that Subscriber no longer wants or to which it is no longer entitled, at any reasonable time. (d) SITE PREPARATION AND MAINTENANCE-Subscriber shall prepare the site for SRO Equipment in a manner acceptable to the Authorizing SROs and shall bear all costs of providing adequate space and power. The Authorizing SROs shall maintain SRO Equipment subject to applicable charges. Maintenance includes repair or replacement of failed SRO Equipment and parts as necessary. Extraordinary charges may apply if Subscriber caused the failure. (e) WARRANTY AND SCOPE OF LIABILITY-THE AUTHORIZING SROS PROVIDE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Paragraph 16(d) sets forth the Authorizing SROs’ entire liability for performance of SRO Equipment. The Authorizing SROs’ liability to Subscriber for any liability, loss or damages relating to SRO Equipment other than for the cost of maintaining, repairing or replacing SRO Equipment, whether based in contract, in tort (including negligence and strict liability) or any other theory, shall in the aggregate not exceed the lesser of (i) $1000 or (ii) the total charges to Subscriber under this Agreement for the period preceding the breach or injury. The foregoing limitations do not apply to personal injury claims. In no event shall any Authorizing SRO be liable (i) for any indirect, incidental, special, consequential or punitive liability, loss or damages relating to SRO Equipment, regardless of the form of the action and foreseeability of the liability, loss or damages, or

Appears in 3 contracts

Samples: Agreement for Receipt of Consolidated Network a Data and Nyse Market Data, Agreement for Receipt of Consolidated Network a Data and Nyse Market Data, Agreement for Receipt of Consolidated Network a Data and Nyse Market Data

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EQUIPMENT SUPPLIED BY AUTHORIZING SROS. (a) SCOPE: DEFINITION This Paragraph 16 applies to Subscriber Equipment that one or more Authorizing SROs supply (“SRO Equipment”). (b) OWNERSHIP-The Authorizing SRO(s) or their supplier(s) own SRO Equipment. Subscriber shall not relocate, remove or alter SRO Equipment, or attach to SRO Equipment any equipment other than authorized equipment that an authorized vendor supplies, without NYSE’s written consent. Subscriber shall return SRO Equipment in the same condition as it was when installed except for normal wear and tear and for failures for which the Authorizing SROs are responsible under Paragraph 16(d). (c) ACCESS TO PREMISES-Subscriber shall assure that authorized representatives of the Authorizing SRO’s and of their suppliers and service contractors may install, repair, maintain, relocate and replace SRO Equipment, and may remove any SRO Equipment that Subscriber no longer wants or to which it is no longer entitled, at any reasonable time. (d) SITE PREPARATION AND MAINTENANCE-Subscriber shall prepare the site for SRO Equipment in a manner acceptable to the Authorizing SROs and shall bear all costs of providing adequate space and power. The Authorizing SROs shall maintain SRO Equipment subject to applicable charges. Maintenance includes repair or replacement of failed SRO Equipment and parts as necessary. Extraordinary charges may apply if Subscriber caused the failure. (e) WARRANTY AND SCOPE OF LIABILITY-THE AUTHORIZING SROS PROVIDE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Paragraph 16(d) sets forth the Authorizing SROs’ entire liability for performance of SRO Equipment. The Authorizing SROs’ liability to Subscriber for any liability, loss or damages relating to SRO Equipment other than for the cost of maintaining, repairing or replacing SRO Equipment, whether based in contract, in tort (including negligence and strict liability) or any other theory, shall in the aggregate not exceed the lesser of (i) $1000 or (ii) the total charges to Subscriber under this Agreement for the period preceding the breach or injury. The foregoing limitations do not apply to personal injury claims. In no event shall any Authorizing SRO be liable (i) for any indirect, incidental, special, consequential or punitive liability, loss or damages relating to SRO Equipment, regardless of the form of the action and foreseeability of the liability, loss or damages, oror (ii) for any liability, loss or damages due to any “force majeure” (see Paragraph 6) or for any other cause beyond the reasonable control of the Authorizing SRO.

Appears in 3 contracts

Samples: Agreement for Receipt of Consolidated Network a Data and Nyse Market Data, Agreement for Receipt of Consolidated Network a Data and Nyse Market Data, Agreement for Receipt of Consolidated Network a Data and Nyse Market Data

EQUIPMENT SUPPLIED BY AUTHORIZING SROS. (a) SCOPE: DEFINITION This Paragraph 16 applies to Subscriber Equipment that one or more Authorizing authorizing SROs supply (“SRO Equipment”). (b) OWNERSHIP-The OWNERSHIP — the Authorizing SRO(s) or their supplier(s) own SRO Equipment. Subscriber shall not relocate, remove or alter SRO Equipment, or attach to SRO Equipment any equipment other than authorized equipment that an authorized vendor supplies, without NYSEAMEX’s written consent. Subscriber shall return SRO Equipment in the same condition as it was when installed except for normal wear and tear and for failures for which the Authorizing SROs are responsible under Paragraph 16(d). (c) ACCESS TO PREMISES-PREMISES — Subscriber shall assure that authorized representatives of the Authorizing SRO’s SROs and of their suppliers and service contractors may install, repair, maintain, relocate and replace SRO Equipment, and may remove any SRO Equipment that Subscriber no longer wants or to which it is no longer entitled, at any reasonable time. (d) SITE PREPARATION AND MAINTENANCE-MAINTENANCE — Subscriber shall prepare the site for SRO Equipment in a manner acceptable to the Authorizing SROs and shall bear all costs of providing adequate space and power. The Authorizing SROs shall maintain SRO Equipment subject to applicable charges. Maintenance includes repair or replacement of failed SRO Equipment and parts as necessary. Extraordinary charges may apply if Subscriber caused the failure. (e) WARRANTY AND SCOPE OF LIABILITY-LIABILITY — THE AUTHORIZING SROS SROs PROVIDE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Paragraph 16(d) sets forth the Authorizing SROs’ entire liability for performance of SRO Equipment. The Authorizing SROs’ liability to Subscriber for any liability, loss or damages relating to SRO Equipment other than for the cost of maintaining, repairing or replacing SRO Equipment, whether based in contract, in tort (including negligence and strict liability) or any other theory, shall in the aggregate not exceed the lesser of (i) $1000 1,000 or (ii) the total charges to totalchargesto Subscriber under this Agreement for the period preceding the breach or injury. The foregoing limitations do not apply to personal injury claims. In no event shall any Authorizing SRO be liable (i) for any indirect, incidental, special, consequential or punitive liability, loss or damages relating to SRO Equipment, regardless of the form of the action and foreseeability of the theliability,loss or damages or (ii) for any liability, loss or damages, ordamages due to any “force majeure” (see Paragraph 6) or for any other cause beyond the reasonable control of the Authorizing SRO.

Appears in 2 contracts

Samples: Subscriber Agreement, Subscriber Agreement

EQUIPMENT SUPPLIED BY AUTHORIZING SROS. (a) SCOPE: DEFINITION This Paragraph 16 applies to Subscriber Equipment that one or more Authorizing SROs supply (“SRO Equipment”). (b) OWNERSHIP-The OWNERSHIP‐The Authorizing SRO(s) or their supplier(s) own SRO Equipment. Subscriber shall not relocate, remove or alter SRO Equipment, or attach to SRO Equipment any equipment other than authorized equipment that an authorized vendor supplies, without NYSE’s written consent. Subscriber shall return SRO Equipment in the same condition as it was when installed except for normal wear and tear and for failures for which the Authorizing SROs are responsible under Paragraph 16(d). (c) ACCESS TO PREMISES-Subscriber PREMISES‐Subscriber shall assure that authorized representatives of the Authorizing SRO’s and of their suppliers and service contractors may install, repair, maintain, relocate and replace SRO Equipment, and may remove any SRO Equipment that Subscriber no longer wants or to which it is no longer entitled, at any reasonable time. (d) SITE PREPARATION AND MAINTENANCE-Subscriber MAINTENANCE‐Subscriber shall prepare the site for SRO Equipment in a manner acceptable to the Authorizing SROs and shall bear all costs of providing adequate space and power. The Authorizing SROs shall maintain SRO Equipment subject to applicable charges. Maintenance includes repair or replacement of failed SRO Equipment and parts as necessary. Extraordinary charges may apply if Subscriber caused the failure. (e) WARRANTY AND SCOPE OF LIABILITY-THE LIABILITY‐THE AUTHORIZING SROS PROVIDE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Paragraph 16(d) sets forth the Authorizing SROs’ entire liability for performance of SRO Equipment. The Authorizing SROs’ liability to Subscriber for any liability, loss or damages relating to SRO Equipment other than for the cost of maintaining, repairing or replacing SRO Equipment, whether based in contract, in tort (including negligence and strict liability) or any other theory, shall in the aggregate not exceed the lesser of (i) $1000 or (ii) the total charges to Subscriber under this Agreement for the period preceding the breach or injury. The foregoing limitations do not apply to personal injury claims. In no event shall any Authorizing SRO be liable (i) for any indirect, incidental, special, consequential or punitive liability, loss or damages relating to SRO Equipment, regardless of the form of the action and foreseeability of the liability, loss or damages, oror (ii) for any liability, loss or damages due to any “force majeure” (see Paragraph 6) or for any other cause beyond the reasonable control of the Authorizing SRO.

Appears in 2 contracts

Samples: Agreement for Receipt of Consolidated Network a Data and Nyse Market Data, Agreement for Receipt of Consolidated Network a Data and Nyse Market Data

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EQUIPMENT SUPPLIED BY AUTHORIZING SROS. (a) SCOPE: DEFINITION This Paragraph 16 applies to Subscriber Equipment that one or more Authorizing SROs SOS supply (“SRO Equipment”). (b) OWNERSHIP-The Authorizing SRO(s) or their supplier(s) own SRO Equipment. Subscriber shall not relocate, remove or alter SRO Equipment, or attach to SRO Equipment any equipment other than authorized equipment that an authorized vendor supplies, without NYSE’s ’ s written consent. Subscriber shall return SRO Equipment in the same condition as it was when installed except for normal wear and tear and for failures for which the Authorizing SROs are responsible under Paragraph 16(d). (c) ACCESS TO PREMISES-Subscriber shall assure that authorized representatives of the Authorizing SRO’s ’ s and of their suppliers and service contractors may install, repair, maintain, relocate and replace SRO Equipment, and may remove any SRO Equipment that Subscriber no longer wants or to which it is no longer entitled, at any reasonable time. (d) SITE PREPARATION AND MAINTENANCE-Subscriber shall prepare the site for SRO Equipment in a manner acceptable to the Authorizing SROs and shall bear all costs of providing adequate space and power. The Authorizing SROs shall maintain SRO Equipment subject to applicable charges. Maintenance includes repair or replacement of failed SRO Equipment and parts as necessary. Extraordinary charges may apply if Subscriber caused the failure. (e) WARRANTY AND SCOPE OF LIABILITY-THE AUTHORIZING SROS PROVIDE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Paragraph 16(d) sets forth the Authorizing SROs' entire liability for performance of SRO Equipment. The Authorizing SROs’ liability to Subscriber for any liability, loss or damages relating to SRO Equipment other than for the cost of maintaining, repairing or replacing SRO Equipment, whether based in contract, in tort (including negligence and strict liability) or any other theory, shall in the aggregate not exceed the lesser of (i) $1000 or (ii) the total charges to Subscriber under this Agreement for the period preceding the breach or injury. The foregoing limitations do not apply to personal injury claims. In no event shall any Authorizing SRO be liable (i) for any indirect, incidental, special, consequential or punitive liability, loss or damages relating to SRO Equipment, regardless of the form of the action and foreseeability of the liability, loss or damages, oror (ii) for any liability, loss or damages due to any “force majeure” (see Paragraph 6) or for any other cause beyond the reasonable control of the Authorizing SRO. Form 2-207 Rev. 12/91

Appears in 1 contract

Samples: Agreement for Receipt of Consolidated Network a Data and Nyse Market Data

EQUIPMENT SUPPLIED BY AUTHORIZING SROS. (a) SCOPE: DEFINITION This Paragraph 16 applies to Subscriber Equipment that one or more Authorizing SROs supply (“SRO Equipment”). (b) OWNERSHIP-The Authorizing SRO(s) or their supplier(s) own SRO Equipment. Subscriber shall not relocate, remove or alter SRO Equipment, or attach to SRO Equipment any equipment other than authorized equipment that an authorized vendor supplies, without NYSE’s written consent. Subscriber shall return SRO Equipment in the same condition as it was when installed except for normal wear and tear and for failures for which the Authorizing SROs are responsible under Paragraph 16(d). (c) ACCESS TO PREMISES-Subscriber shall assure that authorized representatives of the Authorizing SRO’s and of their suppliers and service contractors may install, repair, maintain, relocate and replace SRO Equipment, and may remove any SRO Equipment that Subscriber no longer wants or to which it is no longer entitled, at any reasonable time. (d) SITE PREPARATION AND MAINTENANCE-Subscriber shall prepare the site for SRO Equipment in a manner acceptable to the Authorizing SROs and shall bear all costs of providing adequate space and power. The Authorizing SROs shall maintain SRO Equipment subject to applicable charges. Maintenance includes repair or replacement of failed SRO Equipment and parts as necessary. Extraordinary charges may apply if Subscriber caused the failure. (e) WARRANTY AND SCOPE OF LIABILITY-THE AUTHORIZING SROS PROVIDE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Paragraph 16(d) sets forth the Authorizing SROs’ entire liability for performance of SRO Equipment. The Authorizing SROs’ liability to Subscriber for any liability, loss or damages relating to SRO Equipment other than for the cost of maintaining, repairing or replacing SRO Equipment, whether based in contract, in tort (including negligence and strict liability) or any other theory, shall in the aggregate not exceed the lesser of (i) $1000 or (ii) the total charges to Subscriber under this Agreement for the period preceding the breach or injury. The foregoing limitations do not apply to personal injury claims. In no event shall any Authorizing SRO be liable (i) for any indirect, incidental, special, consequential or punitive liability, loss or damages relating to SRO Equipment, regardless of the form of the action and foreseeability of the liability, loss or damages, oror (ii) for any liability, loss or damages due to any “force majeure” (see Paragraph 6) or for any other cause beyond the reasonable control of the Authorizing SRO. Form 2-207 Rev. 12/15 NYSE SUBSCRIBER Addendum to Agreement for Receipt of Consolidated Network A Data and NYSE Market Data: Payment by Third Party (PLEASE TYPE) As indicated in the Subscriber Agreement for Receipt of Consolidated Network A Data and NYSE Market Data (“Subscriber Agreement”) to which this Addendum is attached, the undersigned Subscriber has requested the receipt of Consolidated Tape and/or NYSE market data. Subscriber has also requested that the New York Stock Exchange, LLC. (“NYSE”) permit a third party (the “Payor”) to make payment of the applicable charges for Subscriber’s receipt of Consolidated Tape and/or NYSE market data as detailed: S U B S C R I B E R Company Name Authorized Signature Billing Address Telephone No. NYSE Account ID No. Date Print or Type Name City, State, Postal Code, Country Email Address P A Y O R UOB Xxx Xxxx Pte Ltd 0 Xxxxxxx Xxxx, #01-01 Company Name Authorized Signature Billing Address Telephone No. Singapore 229957 xxxxxxxxxxxxxxxx@xxxxxxxxxx.xxx NYSE Payor ID No. Date Print or Type Name City, State, Postal Code, Country Email Address Please select applicable arrangement from the following list. Addendum will not be accepted by NYSE if this area is left blank. ☐ Agree to pay for all market data services for this account. ✓Agree to pay for all market data services provided by my organization to this account. ☐ Agree to pay for only services supplied by the following vendor(s) to this account: ☐ Other (please explain): Effective Date for Third Party Cancellation Date for Third Party Billing Arrangement (60 - day notice) Signature of Individual Canceling Third Party Billing For the NYSE’s Third Party Payor Addendum, the undersigned parties agree as follows: 1. If Payor signifies to NYSE in writing that it is providing one or more types of Market Data to you in reliance on the safe harbor provisions of paragraph (e) of section 28 of the 1934 Act, NYSE agrees Payor may pay the applicable charges for Subscriber’s receipt of Consolidated Tape and/or NYSE market data specified above. 2. Subscriber agrees to comply with all other conditions and obligations of the Subscriber Agreement. 3. Each of Subscriber, Payor and NYSE may terminate this Addendum on 60 days’ prior written notice to both of the other parties. 4. Payor acknowledges its continuing responsibility for payment of all market data charges incurred and unpaid until the effective date of termination of this Addendum. 5. Subscriber hereby acknowledges Payor may make payment for Subscriber’s applicable charges. 6. In the event that this Addendum is terminated, unless Subscriber promptly notifies NYSE to discontinue the market data service to Subscriber, the service will continue to be provided to Subscriber, with Subscriber thereafter being fully responsible for prompt payment of all applicable, new charges and past due, unpaid charges. 7. In the event Payor simply fails to pay any applicable charge due and outstanding, NYSE may notify both the Payor and Subscriber. NEW YORK STOCK EXCHANGE LLC. On behalf of the CTA Plan Participants (in respect of CTA Network A last sale information) and the CQ Plan Participants (in respect of CQ Network A quotation information) and on its own behalf solely (in respect of NYSE Securities Information). Please return completed forms to: New York Stock Exchange Market Data Department 00 Xxxx Xxxxxx – 00xx Xxxxx Xxx Xxxx, XX 00000 Rev. 01/19 Authorized NYSE Signature Date Subscribers to NASDAQ and UTP real-time data must sign The NASDAQ Stock Market, LLC (“NASDAQ”) Subscriber Agreement (“Agreement”) or its equivalent in order to receive the Information (Refer to definition in Section 13). While all terms are important, NASDAQ asks that you pay particular attention to the following conditions. For additional information, refer to the sections referenced at the end of each condition. Restrictions on uses and transfers: The subscriber (“Subscriber”) may not provide access to information described herein (“Information”) or transfer this Agreement to others. The Information is only for use as described by the Non-Professional or Professional Subscriber definitions. [Section 1] Most types of damages are excluded and remaining damages are limited: NASDAQ is not liable for trading losses, lost profits or incidental, consequential or other indirect damages, even if the Information is untimely or incorrect. Other damages (if any) are strictly limited (in contract, tort or otherwise) to a capped amount. [Section 6 and Section 7] No implied or statutory warranties or duties: All warranties and duties (if any) are eliminated. There are no express warranties, except for a Limited Warranty regarding efforts only. Stock quotes might not be current and/or accurate. [Section 7] Subscriber provides an indemnity: Subscriber indemnifies NASDAQ and holds NASDAQ harmless for any Claims or Losses (as described in Section 13) resulting from Subscriber’s breach of the Agreement, from Subscriber’s infringement of a third-party’s intellectual property rights or from any third-party lawsuit related to Subscriber’s use or receipt of Information. [Section 9] New York laws and courts apply: Everything relating to this Agreement is governed by the laws of the United States and the State of New York. Any disputes can only be heard in New York. [Section 12] No oral amendments and only NASDAQ may amend: The Agreement may not be altered orally and may only be altered by NASDAQ pursuant to an agreement procedure which includes notice to either the Subscriber or the Vendor. Failure to terminate the Agreement before, or use of Information thereafter, an amendment will be the Subscriber’s consent (or confirmation of earlier consent) to the amendment. [Section 10 and Section 12] Vendors can impact Subscriber’s rights but not NASDAQ’s rights: A vendor does not have the authority to change the Agreement. Vendors are obligated to provide notice of NASDAQ changes to the Subscriber. However, if they do not, NASDAQ’s notice to the Vendor is still effective, as to Subscriber including notice of cancellation. [Section 8 and Section 13] Signature Section (Please print) Please review the following terms and conditions of the NASDAQ Subscriber Agreement before you complete the Signature Section. You must be 18 years of age and must designate yourself as either a Non-Professional or Professional Subscriber in the following section, based on the definitions provided in Section 13. By completing this section, I agree to the terms and conditions set forth in this NASDAQ Subscriber Agreement.

Appears in 1 contract

Samples: Vendor Account Agreement

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