Common use of Changes to Service Clause in Contracts

Changes to Service. Subscriber acknowledges and agrees that nothing in this Agreement constitutes an undertaking by Nasdaq to continue: (a) the Service, the System, or any aspect of either, in the present form or configuration or under the current specifications or requirements or with the current Authorized Devices; or (b) use of the existing communications facilities. Nasdaq, in its sole discretion, may from time to time make additions to, deletions from or modifications to the: (a) Service, the System, or any aspect of either; (b) specifications and requirements; and (c) communications facilities. Nasdaq shall provide sufficient notice to Subscriber of any change to the Service (other than for a non-material change), unless a malfunction in the System or Service necessitates modifications on an accelerated basis or an emergency situation precludes such advance notice or a shorter time period is required pursuant to an order of a court, arbitrator or a regulatory agency, in the following manner: such modification was posted on Nasdaq Corporate (or other applicable Nasdaq website) and Subscriber’s receipt or use of the Service after any change shall constitute Subscriber’s acceptance of the Service, as changed.

Changes to Service. Subscriber acknowledges and agrees that nothing in this Agreement constitutes an undertaking by Nasdaq NASDAQ OMX to continue: (a) the Service, the System, or any aspect of either, in the present form or configuration or under the current specifications or requirements or with the current Authorized Devices; or (b) use of the existing communications facilities. NasdaqNASDAQ OMX, in its sole discretion, may from time to time make additions to, deletions from or modifications to the: (a) Service, the System, or any aspect of either; (b) specifications and requirements; and (c) communications facilities. Nasdaq NASDAQ OMX shall provide sufficient notice to Subscriber of any change to the Service (other than for a non-material change), unless a malfunction in the System or Service necessitates modifications on an accelerated basis or an emergency situation precludes such advance notice or a shorter time period is required pursuant to an order of a court, arbitrator or a regulatory agency, in the following manner: such modification was posted on Nasdaq Corporate NASDAQ Trader (or other applicable Nasdaq NASDAQ OMX website) and Subscriber’s receipt or use of the Service after any change shall constitute Subscriber’s acceptance of the Service, as changed.