QUALIFICATION REQUIREMENTS; DISTRIBUTOR INDEMNIFICATION. (a) Except as otherwise set forth in this Agreement, Distributor shall only furnish, or cause or permit to be furnished, all or any part of the Information to a Recipient who, at the time of receipt thereof, is of a type qualified (as set forth in the Nasdaq Requirements) to receive the Information from Distributor. Distributor agrees that Nasdaq may have different qualification requirements for different Recipients, including, but not limited to different Recipients of different types of Distributor Services.
QUALIFICATION REQUIREMENTS; DISTRIBUTOR INDEMNIFICATION. (a) Except as otherwise set forth in this Agreement, Distributor shall only furnish, or cause or permit to be furnished, all or any part of the Information to a Recipient who, at the time of receipt thereof, is of a type qualified (as set forth in the Nasdaq Requirements) to receive the Information from Distributor. Distributor agrees that Nasdaq may have different qualification requirements for different Recipients, including, but not limited to different Recipients of different types of Distributor Services.
(b) Distributor may have an obligation to obtain an executed Subscriber Agreement from External Subscribers or Distributor Agreement from Data Feed Subscribers. Distributor shall have no obligation to obtain an executed Subscriber Agreement from the External Subscribers if Distributor represents and warrants that it has, or will have in place before distributing the Information to any External Subscriber, a legally valid and enforceable contract (a “Distributor Account Agreement”) with such External Subscriber that (i) governs the accounts held by External Subscribers with the Distributor through which the External Subscriber is entitled to access the Information, including any limitations on an External Subscriber’s right to redistribute the Information, and (ii) protects Nasdaq and the Indemnified Parties to the same extent as if Distributor had presented and the External Subscriber had signed a Subscriber Agreement as per the Nasdaq Data Requirements. Failure to obtain Subscriber Agreements from External Subscribers is not considered a default under or breach of the Agreement, but Distributor’s indemnification obligations to Nasdaq for third party claims arising from such distribution shall nonetheless apply.
(c) Distributor may use a Service Facilitator to facilitate the dissemination of Information in Distributor’s Service, provided that Distributor has a legally valid and enforceable contract with such Service Facilitator, prior to distributing any Information to any Service Facilitator, that: (i) includes all limitations on the Service Facilitator’s right to redistribute the Information; and (ii) protects Nasdaq and the Indemnified Parties to the same extent as if the Service Facilitator had signed a Nasdaq Canada Data Agreement with Nasdaq directly.
(d) Distributor shall indemnify Nasdaq and all of its officers, directors, employees, agents and Third Party Information Providers (collectively, the “Nasdaq Indemnified Parties”) against any asse...
QUALIFICATION REQUIREMENTS; DISTRIBUTOR INDEMNIFICATION. (a) Except as otherwise set forth in this Agreement, Distributor shall only furnish, or cause or permit to be furnished, all or any part of the Information to a Recipient who, at the time of receipt thereof, is of a type qualified (as set forth in the NASDAQ OMX Requirements) to receive the Information from Distributor. Distributor agrees that NASDAQ OMX may have different qualification requirements for different Recipients, including, but not limited to different Recipients of different types of Distributor Services.
(b) Distributor may have an obligation to obtain an executed Subscriber Agreement from Data Feed Subscribers. Distributor shall have no obligation to obtain an executed Subscriber Agreement from External Subscribers if Distributor represents and warrants that it has, or will have in place before distributing the Information to any External Subscriber, a legally valid and enforceable contract (a “Distributor Account Agreement”) with such External Subscriber that (i) governs the accounts held by External Subscribers with the Distributor through which the External Subscriber is entitled to access the Information, including any limitations on a External Subscriber’s right to redistribute the Information, and (ii) protects NASDAQ OMX and the Indemnified Parties to the same extent as if Distributor had presented and the External Subscriber had signed a Subscriber Agreement as per the NASDAQ OMX Data Requirements.
