CME Indexes definition
Examples of CME Indexes in a sentence
The CME Indexes shall periodically reimburse Licensee for its expenses incurred under this Section 9.
CME Indexes shall have the right, at its own expense, to participate in the defense of any claim, action or proceeding against which it is indemnified hereunder; provided, however, that CME Indexes shall have no right to control the defense, Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission.
Subject to Clauses 15.1, 15.2 and 15.4, in the event that CME Indexes and UBS Securities as co-sponsors of the DJ-UBS CISM do not make the settlement prices of the DJ-UBS CISM and the Commodity Indices publicly available on any day that such indices are calculated, the Calculation Agent will be required under the Calculation Agency Agreement to notify the Fund of the DJ-UBS CISM and the Commodity Indices, calculated to three places of decimals on such day.
If CME Indexes is unable to obtain such consent, CME Indexes will make commercially reasonable good faith efforts to obtain the consent from co-publishing partners to license each Co-published Index to Licensee on a non-exclusive basis for use in connection with Exchange Products.
Licensee shall have the right, at its own expense, to participate in the defense of any claim, action or proceeding against which it is indemnified hereunder; provided, however, that Licensee shall have no right to control the defense, consent to judgment, or agree to settle any such claim, action or proceeding without the written consent of the CME Indexes unless Licensee waives its right to indemnity hereunder.
Licensee will pay CME Indexes (or the CME Indexes affiliate designated by CME Indexes) the License Fees within thirty (30) days after the end of each calendar quarter.
Further, and without limiting any rights of CME Indexes set forth herein, if one or more of the DJ Licensed Marks is included in the name of a Product, such name shall include the name of the relevant Index on which such Product is based (or a mutually agreed abbreviation thereof) together with Licensee’s own ▇▇▇▇ preceding (and at least as prominent as) the DJ Licensed ▇▇▇▇.
The Licensee represents and warrants to CME Indexes that the Products listed for trading, and the marketing and promotion thereof, by the Licensee will not violate any agreement applicable to the Licensee or violate any applicable laws, rules or regulations, including without limitation, securities, commodities, and banking laws.
Indexes or its licensor, and that between Licensee and CME Indexes, CME Indexes or its licensor is the owner of all right, title and interest in and to the CME Indexes Marks in connection with the applicable Products.
If CME Indexes does not so elect to assume such defense or disputes its indemnity obligation with respect to such claim, action or proceeding, or if Licensee reasonably believes that there are conflicts of interest between Licensee and CME Indexes or that additional defenses are available to Licensee with respect to such defense, then Licensee shall retain its own counsel to defend such claim, action or proceeding, at the CME Index’s expense.