NASDAQ’S SYSTEM, CHARGES. Distributor acknowledges and agrees that nothing in this Agreement constitutes an undertaking by Nasdaq to continue: (a) the Information, the System, or any aspect of either, in the present form or configuration or under the current Nasdaq Specifications or with the current Distributor’s System; or (b) to use existing communications facilities. Nasdaq, in its sole discretion, may make changes, modifications and/or deletions other than routine modifications, additions or deletions, from time to time, (a) to the Information, the System, or any aspect of either; (b) to the Nasdaq Specifications; (c) to its communications facilities; or (d) to Nasdaq’s decisions, policies, operating procedures, requirements, and other documentation (including, but not limited to, user guides). Nasdaq shall undertake reasonable efforts to notify Distributor with at least thirty (30) days notice of any non-material changes and at least ninety (90) days notice of any material modification, addition or deletion, except to the extent a shorter period is (a) otherwise permitted herein, (b) required due to a malfunction in the System or Information or other emergency situation that necessitates modifications, additions or deletions on an accelerated basis or otherwise precludes such advance notice; or (iii) required pursuant to an order of a court, an arbitrator, or a regulatory agency. Notwithstanding the foregoing, any changes in the charges for, or associated with, the Information may be made on thirty (30) days notice to Distributor, but Nasdaq shall make commercially reasonable efforts to provide at least ninety (90) days notice to Distributor. Receipt or use of the Information after the applicable notice period for any modification, addition or deletion shall constitute acceptance of the Information, the System, the Nasdaq Specifications, or other decisions, policies, operating procedures, requirements, or other documentation as so changed.
