Payment a Condition to Access. Data Recipient acknowledges that payment by Data Recipient of all undisputed fees and other amounts set forth in the Data Fee Schedule is a condition precedent for continued receipt of Data by Data Recipient.
Payment a Condition to Access. Vendor acknowledges that payment by Vendor of all fees and other amounts described in this Article IV is a condition precedent for continued receipt of the Information by Vendor and by Vendor Invoiced Subscribers. Vendor shall bear all risk of non-payment by Vendor Invoiced Subscribers. Nasdaq will bear the risk of non-payment by Nasdaq Invoiced Subscribers, provided, however, that if a Nasdaq Invoiced Subscriber fails to pay invoiced amounts to Nasdaq in a timely fashion, then upon notice from Nasdaq to Vendor such Subscriber shall (unless Vendor terminates such Subscriber) become a Vendor Invoiced Subscriber, and Vendor shall pay to Nasdaq, on behalf of such Subscriber, all fees due Nasdaq with respect to such Subscriber for billing periods which commence on or after the date ten (10) days after such notice from Nasdaq. Vendor shall cooperate, at Vendor's expense, with Nasdaq in any lawful efforts by Nasdaq to collect unpaid amounts due Nasdaq described in this Article IV from current or former Nasdaq Invoiced Subscribers. Nasdaq shall cooperate, at Nasdaq's expense, with Vendor in any lawful efforts by Vendor to collect unpaid amounts due Vendor described in this Article IV from current or former Vendor Invoiced Subscribers. Upon Vendor's payment to Nasdaq on behalf of any Subscriber of any amounts due under this Article IV, Vendor shall be subrogated to any and all rights of Nasdaq to recover such amounts.
Payment a Condition to Access. Vendor acknowledges that payment by Vendor of all fees and other amounts due pursuant to this Agreement is a condition for continued access to and receipt of the Information and Data by Vendor. NASD may, in its sole discretion, and with ninety (90) days notice, elect to invoice Subscribers directly who receive Information and Data from Vendor for the NASD fee associated with the level of service received by any Subscriber. Vendor may continue to invoice Subscriber for any Vendor imposed fees for Subscriber’s level of service. In such event, NASD will bear the risk of non-payment by such NASD-invoiced Subscribers, provided, however, that if an NASD-invoiced Subscriber fails to pay invoiced amounts to NASD in a timely fashion, then upon Notice from NASD to Vendor, Vendor shall either (a) terminate such Subscriber within 5 business days of such Notice or (b) shall invoice such Subscriber and Vendor shall pay to NASD, on behalf of such Subscriber, all fees due NASD with respect to such Subscriber for billing periods which commence on or after the date ten (10) days after such Notice from NASD. Vendor shall cooperate, at Vendor’s expense, with NASD in any lawful efforts by NASD to collect unpaid amounts due NASD described in this Agreement from current or former Subscribers.
