NDAQ » Topics » Section 8. Performance Standards.

This excerpt taken from the NDAQ 8-K filed Sep 9, 2005.

Section 8. Performance Standards.


8.a. Quality Control. All Services performed by Nasdaq under the terms of this Agreement are subject to the same quality control procedures and standards that Nasdaq, employs in support of its mission critical applications such as ACT and the quoting functionality of SuperMontage as further amplified by the Minimum Performance Standards set forth herein.

8.b. System Performance. NASD seeks a high level of overall OTC Systems performance in order to ensure reliability and industry and SEC satisfaction. Nasdaq’s efforts in this respect will be at least equal to the level of effort that Nasdaq uses in its mission critical systems such as ACT and the quoting functionality of SuperMontage but in no event shall it be lower than the Minimum Performance Standards. In order to measure performance to ensure such reliability, the parties agree to implement the System Performance standards and procedures as outlined in the SOP (“Stress Testing”). The SOP may be amended from time to time by NASD in accordance with the Change Procedures in order to better achieve previously established and mutually agreed to System Performance goals.


8.c. Meetings. Nasdaq will appoint a Nasdaq OTCBB/OTC Equities Product Manager who will act as its liaison to NASD. This manager will: (i) make commercially reasonable efforts to attend periodic and ad hoc meetings called by NASD OTCBB/OTC Equities Product Manager or NASD OTCBB/OTC Equities Operations Manager upon reasonable notice; (ii) participate as an active member of the joint Nasdaq and NASD Program team; (iii) attend bi-weekly status meetings; and (iv) attend other impromptu meetings and present such information as may be reasonably necessary to effectively communicate the progress of Nasdaq’s performance of this Agreement. NASD will provide Nasdaq’s personnel adequate prior notice of all meetings.


8.d. Management Reports. Nasdaq shall provide the reports outlined in the SOP and such other information as may reasonably be requested by NASD in order to efficiently monitor the development and operation of Enhancements, modifications, Releases and other Services, system integration of all subsystems of the OTC Systems, and technical support of other aspects of Businesses’ activities. NASD shall provide Nasdaq all existing written reports as may be reasonably required by Nasdaq to fulfill its obligations under this Agreement. All of the information contained in these reports shall be considered NASD Confidential Information.


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