Mutual Services Agreement

1.1 Performance Level. Subject to the terms set forth in this Agreement, the Company provides such services (“Services”) with respect to the Company`s products purchased separately by the Customer (“Company Commercially Available Software”), such as in one or more additional documents (“Service Specifications”) that are attached to Annex A and amended and/or supplemented from time to time by mutual written agreement between the parties and incorporated therein by reference. A service specification is at least a written document referring to this agreement, (ii) describing the services to be provided (and if such services involve the creation of object code, that object code is defined here as “deliverable”),iii) indicates the corresponding tariff plan or other fee information and (iv) is signed by both parties or issued by one party and signed by the other party. The Company will use reasonable economic efforts to complete the applicable data services (“Target Dates”) set forth in the Annex. Instinet and L`ENTITE acknowledge and agree that the other party has the right and power that it may exercise at its discretion to cancel at any time the negotiation of its crossover services in each action. Each of Instinet and ENTITY agrees, represents and warrants that there will be no modification, translation, development, decompilation, decompilation, dissimilarity or extraction of ideas, algorithms or procedures from all or part of the terminal, equipment and terminal services of the other party that are thus accessed. . . .

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