AMENDMENT
Exhibit
10.4
AMENDMENT
Date of
Amendment: September 30,
2009
AMENDMENT
to the Index License Agreement for Funds (the “Agreement”), dated as of March
18, 2000, by and between MSCI Inc. (“MSCI”) a Delaware
corporation, and Barclays Global Investors, N.A. (“Licensee”). Capitalized
terms used herein but not otherwise defined herein shall have the meanings
ascribed in the Agreement.
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1.
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Exhibit
B is hereby amended to allow the funds to be additionally listed and
traded on the Chilean domiciled stock or securities exchanges (herein
referred to as the Chilean Listed
Funds”). All Listed Funds must be issued, sold and
traded on a public basis in accordance with applicable Chilean securities
law. All other terms and restrictions contained in Exhibit B
shall apply to the Chilean Listed Funds. Notwithstanding
anything to the contrary in Exhibit A, the Chilean Listed Funds may only
be based on the following Indexes:
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Fund
Name
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Fund
Symbol
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MSCI
Index Name
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iShares
MSCI Mexico Investable market Index Fund
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EWW
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MSCI
Mexico Investable Market Index
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iShares
MSCI Pacific ex-Japan Index Fund
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EPP
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MSCI
Pacific ex-Japan Index
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iShares
MSCI Brazil Index Fund
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EWZ
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MSCI
Brazil Index
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iShares
MSCI Chile Investable Market Index Fund
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ECH
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MSCI
Chile Investable Market Index
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iShares
MSCI Emerging Markets Index Fund
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EEM
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MSCI
Emerging Markets Index
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iShares
MSCI BRIC Index Fund
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BKF
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MSCI
BRIC Index
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iShares
MSCI Japan Index Fund
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EWJ
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MSCI
Japan Index
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iShares
MSCI EMU Index Fund
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EZU
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MSCI
EMU Index
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iShares
MSCI Australia Index Fund
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EWA
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MSCI
Australia Index
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iShares
MSCI Hong Kong Index Fund
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EWH
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MSCI
Hong Kong Index
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iShares
MSCI South Korea Index Fund
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XXX
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MSCI
South Korea Index
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iShares
MSCI Germany Index Fund
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EWG
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MSCI
Germany Index
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iShares
MSCI United Kingdom Index Fund
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EWU
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MSCI
United Kingdom Index
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iShares
MSCI Singapore Index Fund
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EWS
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MSCI
Singapore Index
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iShares
MSCI Taiwan Index Fund
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EWT
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MSCI
All Peru Capped Index
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iShares
MSCI All Peru Capped Index Fund
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EPU
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MSCI
EAFE Index
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iShares
MSCI EAFE Index Fund
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EFA
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MSCI
EAFE Index
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iShares
MSCI All Country Asia ex Japan Index Fund
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AAXJ
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MSCI
All Country Asia ex Japan Index
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For the
avoidance of doubt, the license fees set forth in the Agreement, as amended,
shall apply with respect to all Chilean Listed Funds. For clarity,
there shall be no separate licensee fees for the
Chilean
Listed Funds but any additional assets from the Chilean Listed Funds shall be
included in the average daily net assets of the applicable Funds for purposes of
calculating license fees.
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2.
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This
Amendment is intended to amend and operate in conjunction with the
Agreement and together this Amendment and the Agreement constitute the
complete and exclusive statement of the agreement between the parties and
supersede in full all prior proposals and understandings, oral or written,
relating to the subject matter hereof. To the extent that any
terms of this Amendment conflict with any terms of the Agreement, the
terms of this Amendment will control. No right or license of
any kind is granted to Licensee except as expressly provided in the
Agreement and this Amendment.
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3.
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This
Amendment shall be governed by, and construed in accordance with, the laws
of the State of New York without regard to its conflict or choice of laws
principles.
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LICENSEE
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By
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/s/
Xxxx Xxxxxxxx
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By
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/s/
Xxxx Xxxxxxxx
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Name
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Xxxx
Xxxxxxxx
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Name
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Xxxx
Xxxxxxxx
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Title
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Managing
Director
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Title
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Vice
President
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Date
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10/9/09
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Date
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10/9/09
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By
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/s/
Xxxx Xxxxxxx
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||||
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Name
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Xxxx
Xxxxxxx
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||||
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Title
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Principal
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||||
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Date
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10/9/09
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