AMENDMENT
Exhibit 10.5
CONFIDENTIAL
TREATMENT REQUESTED. *********** INDICATES OMITTED MATERIAL THAT IS
THE
SUBJECT OF A
CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE
COMMISSION.
THE OMITTED
MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION.
AMENDMENT
Date of Amendment: October 27,
2009
AMENDMENT to the Index License
Agreement for Funds (the “Agreement”), dated as
of March 18, 2000, by and between MSCI Inc. (f/k/a/ Xxxxxx Xxxxxxx Capital
International Inc.) (“MSCI”) and Barclays
Global Investors, N.A. (“Licensee”), as
previously amended. Capitalized terms used herein but not otherwise defined
herein shall have the meanings ascribed in the Agreement.
1. | Exhibit A of the Agreement is hereby amended to add the MSCI *********** Index, MSCI *********** Index, MSCI *********** Index and MSCI *********** Index. |
For the avoidance of doubt, the
license fees set forth in the Agreement, as amended, shall apply with respect to
all Funds based on the MSCI *********** Index, MSCI *********** Index, MSCI
*********** Index and MSCI *********** Index.
• |
The
*********** per Fund. The *********** per Fund.
|
2. | 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 or this Amendment. |
3. | 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. |
LICENSEE: Barclays Global Investors | MSCI Inc. | |||||||
By |
/s/ Xxxx
Xxxxxxxx
|
By |
/s/ Xxxx
Xxxxxxxx
|
|||||
Name |
Xxxx
Xxxxxxxx
|
Name |
Xxxx
Xxxxxxxx
|
|||||
(printed) | (printed) | |||||||
Title |
Managing
Director
|
Title |
Vice
President
|
|||||
LICENSEE: Barclays Global Investors | ||||||||
By |
/s/ Xxxxxx
Xxx
|
|||||||
Name |
Xxxxxx
Xxx
|
|||||||
(printed) | ||||||||
Title |
Principal
|