Third Party Data. Any statistical, industry-related and market-related data, which are included in the Disclosure Package and the Prospectus, is based on or derived from sources that the Company reasonably and in good faith believes to be reliable and accurate, and such data agrees with the sources from which it is derived, and the Company has obtained the written consent for the use of such data from such sources to the extent required.
Third Party Data. (a) Customer acknowledges that BNY Mellon will be receiving, utilizing and relying on Market Data and other data provided by Customer and/or by third parties in connection with its performance of the services hereunder (collectively, “Third Party Data”). BNY Mellon is entitled to rely without inquiry on all Third Party Data provided to BNY Mellon hereunder (and all Instructions related to Third Party Data), and BNY Mellon makes no assurances or warranties in relation to the accuracy or completeness of Third Party Data and will not be responsible or liable for any losses or damages incurred as a result of any Third Party Data that is inaccurate or incomplete. BNY Mellon may follow Instructions with respect to Third Party Data, even if such Instructions direct BNY Mellon to override its usual procedures and data sources or if BNY Mellon, in performing services for itself or others (including services similar to those performed for Customer), receives different Third Party Data for the same or similar Securities.
(b) Although statements and reports provided by BNY Mellon hereunder with respect to the Accounts may contain values of, and pricing information in relation to, Securities held pursuant to this Agreement, BNY Mellon does not undertake any duty or responsibility under this Agreement to report such values or pricing information.
(c) Certain Market Data may be the intellectual property of Market Data Providers, which impose additional terms and conditions upon Customer’s use of such Market Data. Such additional terms and conditions can be found on the Data Terms Website. Customer agrees to those terms and conditions as they are posted on the Data Terms Website from time to time.
Third Party Data. Any statistical, industry-related and market-related data included in the Registration Statement, the Time of Sale Prospectus or Prospectus are based on or derived from sources that the Company reasonably and in good faith believes to be reliable and accurate, and such data agree with the sources from which they are derived, and the Company has obtained the written consent for the use of such data from such sources to the extent required.
Third Party Data. (a) Customer acknowledges that BNY Mellon will be receiving, utilizing and relying on Market Data and other data provided by Customer and/or by third parties in connection with BNY Mellon's performance of the services hereunder (collectively, “Third Party Data”). , BNY Mellon is entitled to rely without inquiry on all Third Party Data provided to BNY Mellon hereunder (and all Instructions related to Third Party Data), and BNY Mellon makes no assurances or warranties in relation to the accuracy or completeness of Third Party Data and will not be responsible or liable for any losses or damages incurred as a result of any Third Party Data that is inaccurate or incomplete except to the extent, if any, resulting from BNY Mellon’s failure to adhere to the Standard of Care in reporting such Third Party Data. BNY Mellon may follow Instructions with respect to Third Party Data, even if such Instructions direct BNY Mellon to override its usual procedures and data sources or if BNY Mellon, in performing services for itself or others (including services similar to those performed for Customer), receives different Third Party Data for the same or similar Securities.
(b) To the extent that BNY Mellon provides values of, and pricing information in relation to, Securities, Customer acknowledges and agrees that:
(i) BNY Mellon is authorized to use generally recognized pricing services including Market Data Providers, brokers, dealers and other market makers. In the event that such pricing services are unable to provide a value of or pricing information in respect of Securities and BNY Mellon provides values and pricing information, BNY Mellon will so advise Customer, but will have no other responsibility or liability in respect of such valuation or pricing information;
(ii) Certain pricing or valuation information may be based on calculated amounts rather than actual market transactions and may not reflect actual market values, and the variance between such calculated amounts and actual market values may be material;
(iii) Certain third party service providers may not permit Customer’s directed price to be used, which may result in differences between third party service provider reports and custodial reports;
(iv) Performance measurement and analytic services may use different data sources than those used by BNY Mellon to provide Market Data for an Account, which may result in differences between custodial reports and performance measurement and analytic reports; and
(v) ...
Third Party Data. All title and intellectual property rights in and to any data of any third party which may be linked to or viewed in connection with the Service is the property of the respective data owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant You any right to use such data except as allowed by such third party.
Third Party Data. To the extent not obtained or satisfied as of Closing, Seller agrees to continue to use reasonable efforts, but without any obligation to incur any cost or expense in connection therewith, and to cooperate with Buyer's efforts to obtain for Buyer, the Partnership and Reserves LLC (i) access to files, records and data relating to the Operating Assets in the possession of third parties; (ii) access to wellx xxxstituting a part of the Operating Assets operated by third parties for purposes of inspecting same; and (iii) the waiver of confidentiality or other restrictions on the review by and/or transfer of seismic, geophysical, engineering or other data pertaining to the Operating Assets that might be triggered by Seller's assignment to Buyer of the Partnership and Reserves LLC.
Third Party Data. 2.1 The Licensee acknowledges the Disclaimer above and that the PGM Prices are Third Party Data for the purposes of this Agreement and agrees to abide by these supplementary terms in respect of its use, including but not limited to its distribution, of the PGM Prices.
2.2 In accordance with the licence to use and/or distribute the PGM Prices as granted under these terms and the LME Market Data Licence Agreement General Terms, the Licensee further agrees that it shall ensure that any publication by itself, (including the Licensee’s Personnel), its Subscribers or Recipients of the PGM Prices shall include the Disclaimer.
2.3 The Licensee shall, at the LME's cost, execute such documents and do such other acts as the LME may reasonably request from time to time for the purpose of assisting LBMA to protect, enforce and defend any rights in or in relation to any of the LBMA Trademarks.
1. LICENSEE’S PERMITTED USE SCHEDULE 2 PERMITTED USE TERMS LICENSED DATA USAGE
1.1 Subject at all times to the provisions of this Agreement (unless otherwise provided for under a separate agreement with the LME), the Licensee is only permitted to use the Licensed Data:
(a) for valuation and/or pricing activities; and/or
(b) as a reference price in transactions, (together the "Permitted Use").
Third Party Data. In performing its services under this Agreement, the Custodian is entitled to rely without inquiry on (1) data provided by the Fund, (2) data provided by market utilities and (3) data provided by other providers of data where such data is required by the Custodian in order for the Custodian to perform its services under this Agreement. The Custodian is not responsible for losses incurred by the Fund in relation to any such data being inaccurate or incomplete. For clarity, if data is provided to the Custodian by an affiliate of the Custodian pursuant to an agreement relating to the Fund to which such affiliate is a party, the foregoing sentence is not intended to affect any liability such affiliate may have pursuant to such agreement.
Third Party Data. 2.1 The Licensee acknowledges the Disclaimer above and that the PGM Prices are Third Party Data for the purposes of this Agreement and agrees to abide by these supplementary terms in respect of its use, including but not limited to its distribution, of the PGM Prices.
2.2 In accordance with the licence to use and/or distribute the PGM Prices as granted under these terms and the LME Market Data Licence General Terms, the Licensee further agrees that it shall ensure that any publication by itself, (including the Licensee’s Personnel), its Subscribers or Recipients of the PGM Prices shall include the Disclaimer.
2.3 The Licensee shall, at the LME's cost, execute such documents and do such other acts as the LME may reasonably request from time to time for the purpose of assisting LBMA to protect, enforce and defend any rights in or in relation to any of the LBMA Trade Marks.
Third Party Data. The Consortium Members, through decision of the Steering Committee, may jointly purchase rights to Existing Data from third parties.
