Common use of ORDER SCHEDULES Clause in Contracts

ORDER SCHEDULES. A. Neither Licensee nor any of its Affiliates (as defined in Section 2B below) shall have access to or use of any of the Indices and/or Marks unless such entity enters into an Order Schedule as set forth herein. Licensee’s use of an Index and any related Marks in connection with a Product is subject to additional terms and restrictions set forth in the Order Schedule for such Product. When executed by Licensee and S&P, each Order Schedule shall constitute a separate agreement and, except for any provisions herein that are specifically excluded or modified in such Order Schedule, shall incorporate therein the terms and conditions of this Agreement. In the event of any conflict between the terms of this Agreement and the terms of any Order Schedule, the terms of the Order Schedule shall prevail with respect to that Order Schedule only. Except as may be specifically provided for in writing by authorized representatives of each party, any modifications contained in any Order Schedule shall not modify this Agreement with respect to any other Order Schedule. B. An Affiliate of Licensee may, upon mutual consent of S&P and such Affiliate, enter into Order Schedules under this Agreement, which Order Schedules shall govern such Affiliate’s use of any Indices and/or Marks under this Agreement. For purposes of this Agreement, an “Affiliate” shall mean an entity either directly or indirectly Controlled by, Controlling or under common Control with the entity named as Licensee above. “Control” means an equity voting interest of greater than fifty percent (50%) or the sole power to direct or cause the direction of the management or policies of the entity, whether through the ability to exercise voting power, by contract, or otherwise. Unless otherwise specified in the Order Schedule, Licensee and its Affiliate(s) specified in the Order Schedule shall be jointly and severally liable for such Affiliate’s breaches of the Order Schedule.

ORDER SCHEDULES. A. Neither Licensee nor any of its Affiliates (as defined in Section 2B Subsection 2(B) below) shall have access to or use of any of the Indices and/or Marks unless such entity enters into an Order Schedule as set forth herein. Licensee’s The use of an Index and any related Marks in connection with respect to a Product is subject to additional terms uses and restrictions as set forth in the Order Schedule for such that Product. Licensee may use the Indices and/or the Marks in connection with additional Products if S&P and Licensee each execute additional Order Schedules to this Agreement. When executed by Licensee and S&P, each Order Schedule shall constitute a separate agreement and, except for any provisions herein that are specifically excluded or modified in such Order Schedule, shall incorporate therein the terms and conditions of this Agreement. In the event of any conflict between the terms of this Agreement and the terms of any Order Schedule, the terms of the Order Schedule shall prevail with respect to that Order Schedule only. Except as may be specifically provided for in writing by authorized representatives of each party, any modifications contained in any Order Schedule shall not modify this Agreement with respect to any other Order Schedule. B. An Affiliate of Licensee may, upon mutual consent of S&P and such Affiliatethe parties, enter into Order Schedules under this Agreement, which Order Schedules shall govern such Affiliate’s use of any Indices and/or Marks under this Agreement. For purposes of this Agreement, an “Affiliate” shall mean an entity either directly or indirectly Controlled by, Controlling or under common Control with the entity named as Licensee above. “Control” means an equity voting interest of greater more than fifty percent (50%) or the sole power to direct or cause the direction of the management or policies of the entity, whether through the ability to exercise voting power, by contract, contract or otherwise. Unless otherwise specified in the Order Schedule, Licensee and its Affiliate(s) specified in the Order Schedule shall be jointly and severally liable for such Affiliate’s breaches of the Order Schedule.

ORDER SCHEDULES. A. Neither Licensee nor any of its Affiliates (as defined in Section 2B Subsection 2(B) below) shall have access to or use of any of the Indices and/or Marks unless such entity enters into an Order Schedule as set forth herein. Licensee’s The use of an Index and any related Marks in connection with respect to a Product is subject to additional terms uses and restrictions as set forth in the Order Schedule for such that Product. Licensee may use the Indices and/or the Marks in connection with additional Products if S&P and Licensee each execute additional Order Schedules to this Agreement. When executed by Licensee and S&P, each Order Schedule shall constitute a separate agreement and, except for any provisions herein that are specifically excluded or modified in such Order Schedule, shall incorporate therein the terms and conditions of this Agreement. In the event of any conflict between the terms of this Agreement and the terms of any Order Schedule, the terms of the Order Schedule shall prevail with respect to that Order Schedule only. Except as may be specifically provided for in writing by authorized representatives of each party, any modifications contained in any Order Schedule shall not modify modify,’ this Agreement with respect to any other Order Schedule. B. An Affiliate of Licensee may, upon mutual consent of S&P and such Affiliatethe parties, enter into Order Schedules under this Agreement, which Order Schedules shall govern such Affiliate’s use of any Indices and/or Marks under this Agreement. For purposes of this Agreement, an “Affiliate” shall mean an entity either directly or indirectly Controlled by, Controlling or under common Control with the entity named as Licensee above. “Control” means an equity voting interest of greater more than fifty percent (50%) or the sole power to direct or cause the direction of the management or policies of the entity, whether through the ability to exercise voting power, by contract, contract or otherwise. Unless otherwise specified in the Order Schedule, Licensee and its Affiliate(s) specified in the Order Schedule shall be jointly and severally liable for such Affiliate’s breaches of the Order Schedule.