ASSIGNMENT AGREEMENT
EXHIBIT
(H)(4)
This
Assignment is made as of the 21st day of March, 2007 ("Effective Date") by
Archipelago Holdings, Inc. ("Assignor") to Archipelago Securities, L.L.C.
("Assignee").
WHEREAS,
prior to the Effective Date, Assignor entered into a Marketing Agreement
("Agreement") with X.X. Xxxxxxx and Company and Xxxxxxx Exchange Traded Trust,
dated March 5, 2007; and
WHEREAS,
Assignor desires to transfer and assign to Assignee, and Assignee desires
to
accept the transfer and assignment of all of Assignor's rights, duties,
liabilities and obligations contained in the Agreement.
NOW,
THEREFORE, in consideration of the mutual premises set forth herein, and
for
good and valuable consideration, the sufficiency of which is hereby
acknowledged, the Assignor and Assignee agree as follows:
Assignor
and Assignee represent and covenant that each of them through their authorized
representatives have the right and authority to bind their respective
companies.
Assignor
hereby transfers and assigns to Assignee, and Assignee hereby accepts the
transfer and assignment of all of Assignor's rights, duties, liabilities
and
obligations contained in the Agreement.
This
Assignment is effective as of the Effective Date listed above.
IN
WITNESS WHEREOF, the Assignor and the Assignee have caused this Assignment
to be
executed by their respective Authorized Representatives.
| Archipelago Holdings, Inc. | Archipelago Securities, L.L.C. |
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Its:
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Date:
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