Common use of Payment a Condition to Access Clause in Contracts

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 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 NASDAQNasdaq will bear the risk of non-payment by Nasdaq NASDAQNasdaq Invoiced Subscribers, provided, however, that if a Nasdaq NASDAQNasdaq Invoiced Subscriber fails to pay invoiced amounts to Nasdaq NASDAQNasdaq in a timely fashion, then upon notice from Nasdaq NASDAQNasdaq to Vendor such Subscriber shall (unless Vendor terminates such Subscriber) become a Vendor Invoiced Subscriber, and Vendor shall pay to NasdaqNASDAQNasdaq, on behalf of such Subscriber, all fees due Nasdaq NASDAQNasdaq with respect to such Subscriber for billing periods which commence on or after the date ten (10) days after such notice from NasdaqNASDAQNasdaq. Vendor shall cooperate, at Vendor's expense, with Nasdaq NASDAQNasdaq in any lawful efforts by Nasdaq NASDAQNasdaq to collect unpaid amounts due Nasdaq NASDAQNasdaq described in this Article IV from current or former Nasdaq NASDAQNasdaq Invoiced Subscribers. Nasdaq NASDAQNasdaq shall cooperate, at NasdaqNASDAQNasdaq'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 NASDAQNasdaq on behalf of any Subscriber of any amounts due under this Article IV, Vendor shall be subrogated to any and all rights of Nasdaq NASDAQNasdaq to recover such amounts.

Payment a Condition to Access. Vendor acknowledges that payment by Vendor of all fees and other amounts described in due pursuant to this Article IV Agreement is a condition precedent 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 and for the NASD fee associated with the level of service received by Vendor Invoiced Subscribersany Subscriber. Vendor shall bear all risk may continue to invoice Subscriber for any Vendor imposed fees for Subscriber’s level of non-payment by Vendor Invoiced Subscribersservice. Nasdaq In such event, NASD will bear the risk of non-payment by Nasdaq Invoiced such NASD-invoiced Subscribers, provided, however, that if a Nasdaq Invoiced an NASD-invoiced Subscriber fails to pay invoiced amounts to Nasdaq NASD in a timely fashion, then upon notice Notice from Nasdaq NASD to Vendor, Vendor shall either (a) terminate such Subscriber within 5 business days of such Notice or (b) shall (unless Vendor terminates invoice such Subscriber) become a Vendor Invoiced Subscriber, Subscriber and Vendor shall pay to NasdaqNASD, on behalf of such Subscriber, all fees due Nasdaq NASD with respect to such Subscriber for billing periods which commence on or after the date ten (10) days after such notice Notice from NasdaqNASD. Vendor shall cooperate, at Vendor's ’s expense, with Nasdaq NASD in any lawful efforts by Nasdaq NASD to collect unpaid amounts due Nasdaq NASD described in this Article IV Agreement 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.Subscribers.‌‌‌

Payment a Condition to Access. Vendor acknowledges that payment by Vendor of all fees and other amounts described in due pursuant to this Article IV Agreement is a condition precedent 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 and for the NASD fee associated with the level of service received by Vendor Invoiced Subscribersany Subscriber. Vendor shall bear all risk may continue to invoice Subscriber for any Vendor imposed fees for Subscriber’s level of non-payment by Vendor Invoiced Subscribersservice. Nasdaq In such event, NASD will bear the risk of non-non- payment by Nasdaq Invoiced such NASD-invoiced Subscribers, provided, however, that if a Nasdaq Invoiced an NASD-invoiced Subscriber fails to pay invoiced amounts to Nasdaq NASD in a timely fashion, then upon notice Notice from Nasdaq NASD to Vendor, Vendor shall either (a) terminate such Subscriber within 5 business days of such Notice or (b) shall (unless Vendor terminates invoice such Subscriber) become a Vendor Invoiced Subscriber, Subscriber and Vendor shall pay to NasdaqNASD, on behalf of such Subscriber, all fees due Nasdaq NASD with respect to such Subscriber for billing periods which commence on or after the date ten (10) days after such notice Notice from NasdaqNASD. Vendor shall reasonably cooperate, at Vendor's ’s expense, with Nasdaq NASD in any lawful efforts by Nasdaq NASD to collect unpaid amounts due Nasdaq NASD described in this Article IV Agreement 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.