HomeMy WebLinkAboutContract 37662 (2)SECRETARY'.
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BLOOMBERG FINANCE L.P.
731 Lexinglon Avenue
New York: NY 10022
BLOOMBERG AGREEMENT
SERVICE PROVIDER ("SP"): BLOOMBERG FINANCE L.P.
SERVICE RECIPIENT (" SR"): CITY OF FORT WORTH ACCOUNT: 30013704 AGREEMENT: 2808938
(Company Name)
SP agrees to provide to SR the equipment and services described in paragraph 1 hereof, and SR subscribes to such services in
accordance with this Agreement.
1. Services.
The services provided hereunder (the "Services") shall consist of a nonexclusive and nontransferable right to use the
BLOOMBERG PROFESSIONAL service information, data, software and equipment (the "Equipment') described in the Bloomberg
Schedule(s) of Services annexed hereto, as the same may be amended from time to time (each a "Schedule" and collectively, the
"Schedules"), in accordance with this Agreement.
2. Term.
(a) This Agreement shall be effective from the date it is accepted by SP until the date that is two years after the Services are first
provided (the "Term"), unless earlier terminated during the Term or any renewal thereof, as follows: (i) SR shall have the right
to terminate this Agreement at any time upon not less than 60 days' prior written notice to SP and upon payment of the
charges set forth in paragraph 3 hereof; and (ii) SP shall have the right to terminate this Agreement at any time immediately
upon written notice to SR if SR breaches any of the provisions of this Agreement.
(b) The Term shall be automatically renewed for successive two-year periods unless SR or SP elects not to renew by giving not
less than 60 days' prior written notice to the other. If this Agreement is so renewed for any additional period beyond the initial
Term, the charges payable pursuant to paragraph 3(a) hereof for such renewal period shall be calculated at the prevailing
rates then offered by SP, and the Schedule shall be considered to be amended accordingly.
3. Charges.
(a) SR agrees to pay SP the fees and charges set forth on each Schedule, together with (i) any applicable taxes for the Services,
(ii) any levies or fees imposed or charged by exchanges or other information services or sources displayed through the
Services at SR's request and (iii) any charge for installation, relocation, removal or any other changes to the Equipment, all of
which shall be payable upon presentation of an invoice therefor.
(b) If SR uses Electronic Trading (as defined below), SR shall also pay all applicable access and transactional fees set forth on
Menu ETOR (as defined below) or of which SR has been given prior written or electronic notice, in each case related to the
Electronic Trading of SR and/or of a Customer (as defined below) of SR, and any sales tax, VAT, GST or similar taxes
imposed on the access and transactional fees.
(c) SR shall pay for all costs of cabling, communications (including, without limitation, network access), electrical and common
carrier equipment installation charges incurred in connection with the Services. SR shall obtain all necessary authorizations
from exchanges and other information vendors and shall pay for each third -party information service accessed for display
through the service. The total monthly charge does not include monthly fees for exchange and third -party information
services. If SR selects any of these services, SP shall submit the appropriate applications for such services, a price list, and
bill accordingly. SR shall pay any taxes, assessments, fees or penalties in respect of the Services and/or the Equipment
which may be SR's legal responsibility to pay. In addition, SR shall reimburse SP for all property taxes and/or assessments
with regard to the value of SP's Equipment in service at SR's premises.
(d) If SR terminates this Agreement pursuant to paragraph 2(a)(i) hereof or SP terminates this Agreement pursuant to paragraph
2(a)(ii) hereof, SR shall be liable for all amounts payable pursuant to paragraphs 3(a), 3(b) and 3(c) hereof through the date
of termination plus a termination charge in an amount equal to 50% of the charges calculated in accordance with each
Schedule for the balance of the Term.
4. Distribution of SR Data.
SR shall not distribute data to other users of the Services by means of the Services or reference SP or any of SP's affiliates in any
print, electronic or other medium without SP's prior written consent. Notwithstanding the above, if SR contributes or provides
prices or ratings to SP or its Affiliated Companies (as defined in paragraph 5(e) below) or on any product or service provided by
SP and/or its Affiliated Companies, SR hereby grants to SP and its Affiliated Companies, and SP hereby accepts, a nonexclusive,
worldwide license for SP and its Affiliated Companies to use such prices or ratings in SP's or its Affiliated Companies' generic,
"fair value," composite or theoretical prices or ratings, or other similar pricing or rating models, and in the development and
distribution of SP's or its Affiliated Companies' descriptive database. This paragraph is not intended to prohibit SR's use of the
message system included in the Services.
5. Electronic Trading.
(a) The Services shall include "Electronic Trading", which includes (a) all electronic trading systems, products or services, order -
routing systems, products or services and other transactional systems, products or services accessible via the BLOOMBERG
PROFESSIONAL service and (b) the services listed on the Electronic Trading and Order Routing Menu Page, as it may be
updated by SP from time to time ("Menu ETORI to add or delete additional services. In addition, any additional services
shall be deemed part of Menu ETOR from SR's first use of any such additional service. Menu ETOR is accessible via the
BLOOMBERG PROFESSIONAL service function ETOR <GO> (or its replacement function) and is incorporated herein by
reference. If there is any conflict or inconsistency between this Agreement and any other agreement between SP and SR
and/or any of SP's Affiliated Companies (as defined in paragraph 5(e) below) with respect to Electronic Trading, then such
other agreement shall prevail, but only to the extent of the conflict or inconsistency.
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(b) SR shall not enable or cause to be enabled any Customer for Electronic Trading until such Customer has entered into an
agreement with SP or an Affiliated Company (as defined in paragraph 5(e) below) as specified by SP from time to time
containing provisions similar to those contained in this Agreement with respect to Electronic Trading. SR shall comply with all
applicable laws, regulations and rules in its use of Electronic Trading and SR shall settle or cause to be settled all trades
entered via the BLOOMBERG PROFESSIONAL service or any computer link (collectively with the BLOOMBERG
PROFESSIONAL service, an "Electronic Link") licensed to SR or Customer, regardless of whether SR or Customer
authorized the individual or Customer who entered or effected the trade to do so. Each time SR enters an order, effects a
transaction or otherwise uses Electronic Trading or enables a Customer to use Electronic Trading, it shall be deemed to
represent and warrant to SP and its Affiliated Companies that: (i) SR understands that the laws of many jurisdictions require
non-resident firms to obtain licenses as financial services providers before soliciting transactions from entities located in such
jurisdictions and SR has obtained all required licenses in the jurisdictions in which Customers are located; (ii) SR has all
regulatory and legal authority to enter into this Agreement and to engage in Electronic Trading; (iii) if SR has Customers in the
United States that transmit or receive orders in securities, it (x) is registered with the U.S. Securities and Exchange
Commission as a broker -dealer and is a member of the Financial Industry Regulatory Authority, Inc., or (y) will comply at all
times with the exemption from such registration provided by Rule 15a-6 under the U.S. Securities Exchange Act of 1934 or (z)
is otherwise exempted or excepted from such registration; (iv) SR is a sophisticated market participant that is knowledgeable
about the securities and interests traded or routed by use of Electronic Trading and understands the related risks; (v) if SR
uses Electronic Trading to enter into a derivatives transaction, SR has total assets exceeding U.S. $10 million or the
equivalent in another currency, is a regulated financial institution, insurance company, broker -dealer or futures commission
merchant, or is an "eligible contract participant" ("ECP") as defined in Section 1a(12) of the U.S. Commodity Exchange Act;
and (vi) SR has implemented commercially reasonable security procedures intended to limit access to Electronic Trading to
authorized individuals. "Customer" shall mean any person or entity enabled or caused to be enabled by SR for Electronic
Trading.
(c) If SR provides quotations in interests quoted on Electronic Trading to any other system that commingles quotations ("Other
System"), SR shall enable its Customers that are also customers of SP or its Affiliated Companies (as defined in paragraph
5(e) below) to interact with SR's relevant pricing display(s) on Electronic Trading to the extent SR has enabled such
Customers or caused such Customers to be enabled for an Other System.
(d) SP and/or its Affiliated Companies shall have the right to terminate and/or suspend SR's and/or Customers' use of any and all
Electronic Trading at any time.
(e) SP's Associated Persons (as defined below) and the Additional Entities (as defined below) shall be third -party beneficiaries
with respect to SR's agreements and obligations in connection with Electronic Trading, including, but not limited to, SR's
agreements and obligations contained in paragraphs 3(b), 51 6 and 7 hereof. "SP's Associated Persons" shall mean Affiliated
Companies of SP and the partners, suppliers, successors and assigns of SP and its Affiliated Companies and their respective
officers, directors, employees and representatives, and the term "Affiliated Companies" shall mean those companies
controlling, controlled by or under common control with SP, including, without limitation, those Affiliated Companies listed on
Menu ETOR that are involved in making Electronic Trading available. "Additional Entities" shall mean dealer participants,
system operators, exchanges, markets, order aggregation facilities, executing brokers, clearing brokers, and any other
entities or persons involved in Electronic Trading.
(f) SP's signature with respect to its rights, obligations and agreements in connection with Electronic Trading shall be on its own
behalf and on behalf of its Affiliated Companies, as applicable.
6. Warranties and Limitations of Liabilities.
(a) Each time SR uses the Services, SR shall be deemed to represent, warrant and covenant to SP and its Affiliated Companies
that: (i) it has all requisite regulatory and legal authority to enter into and be bound by this Agreement; and (ii) its use of the
Services complies with all applicable laws, rules and regulations.
(b) SP AND ITS AFFILIATED COMPANIES MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE
ATTAINED BY SR OR OTHERS FROM THE USE OF THE SERVICES, OR THE EQUIPMENT BY WHICH THE SERVICES
ARE PROVIDED, AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR USE. The information and data contained in the Services are derived from sources
deemed reliable, but SP, its Affiliated Companies and its and their suppliers do not guarantee the correctness or
completeness of any programs, data or other information furnished in connection with the Services. To the maximum extent
permitted by law, SP and its Affiliated Companies shall not be responsible for or have any liability for any injuries or damages
caused by the Equipment or by delays or interruptions of the Services, from whatever cause, and shall not be liable for
damages arising from the use or presence of the Equipment on SR's premises. SR is solely responsible for the accuracy and
adequacy of the data and information used by it and the resultant output thereof. SP and its Affiliated Companies shall have
no liability or responsibility for the security or maintenance of any data input by SR.
(c) SP, its Affiliated Companies, its and their suppliers and its and their third -party agents shall have no responsibility or liability,
contingent or otherwise, for any injury or damages, whether caused by the negligence of SP or its Affiliated Companies or any
of its and their employees, subcontractors, agents, equipment vendors or otherwise, arising in connection with the Services
rendered under this Agreement or the use of the Equipment and shall not be liable for any lost profits, losses, punitive,
incidental or consequential damages or any claim against SR by any other party.
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(d) SP, SP's Associated Persons and the Additional Entities make no warranties, express or implied, with respect to Electronic
Trading. To the maximum extent permitted by law, SR releases SP, the Additional Entities, SP's Associated Persons and its
third -party agents from all liability, including, without limitation, for any lost profits, losses, punitive, incidental or consequential
damages arising from SR's use or any use by Customers of Electronic Trading, including but not limited to any failure of any
Electronic Link, regardless of the cause; provided, however, that an Additional Entity acting as a counterparty to a trade shall
not be released from liability for its failure to settle a trade with SR.
(e) SR shall indemnify, hold harmless and at SR's expense defend SP, SP's Associated Persons and the Additional Entities
against any loss, claim, demand or expense (including reasonable attorneys' fees) arising in connection with a`breach of this
Agreement by SR or the use of the Services by SR or Customer.
(f) Notwithstanding anything to the contrary in paragraph 6(e), an Additional Entity shall not be indemnified for its failure to settle
a trade with SR initiated via an Electronic Trading system, product or service.
(g) Limited by paragraph 6(h), to the extent permitted by law, the aggregate liability of SP and SP's Associated Persons arising in
connection with a given Electronic Trading system, product or service for damages, regardless of the form of the action, shall
not exceed the fees paid by SR for the BLOOMBERG PROFESSIONAL service subscription(s) of SR enabled for the
Electronic Trading system, product or service in question during the three months preceding the first loss or damage, or in the
case of Customers enabled on, or SR's use of, an Electronic Link other than the BLOOMBERG PROFESSIONAL service,
such liability shall not exceed the fees paid by SR for a single BLOOMBERG PROFESSIONAL service subscription during
the three months preceding the first loss or damage.
(h) Notwithstanding anything to the contrary in this Agreement, to the extent permitted by law, the aggregate liability of SP and
SP's Associated Persons arising in connection with this Agreement, the Services and Electronic Trading for damages,
regardless of the form of the action, shall not exceed the fees paid by SR for the Services during the three months preceding
the first loss or damage, and this shall be SR's exclusive remedy.
(i) No party shall be liable to the other for any default resulting from force majeure, which shall be deemed to include any
circumstances beyond the reasonable control of the party or parties affected. No action, regardless of form, arising out of or
pertaining to any of the Services or the Equipment may be brought by SR more than one year after the cause of action has
accrued. This Agreement shall not limit any liability for death or personal injury directly resulting from negligence if and to the
extent such limitation would violate applicable law.
(j) Notwithstanding any limitations contained in paragraphs 6(b) through 6(i) to the contrary, SP agrees to indemnify SR and hold
it harmless and at SP's expense defend SR against any claim that the programs, data, information and other items provided
by SP hereunder infringe any copyright, trademark or other contractual, statutory or common law rights; provided that (i) SR
shall promptly notify SP in writing of the claim, (ii) SP shall have sole control of the settlement and defense of any action to
which this indemnity relates, (iii) SR shall cooperate in every reasonable way to facilitate such defense, and (iv) if SR
becomes aware of any suspected infringement by a third party of any proprietary rights of SP, SR shall promptly notify SP of
such activities.
7. Remedies.
If SR or any of its employees, representatives or affiliates breaches or threatens to breach any provision of this Agreement, SP
shall be entitled to injunctive relief to enforce the provisions hereof, but nothing herein shall preclude SP from pursuing any action
or other remedy for any breach or threatened breach of this Agreement, all of which shall be cumulative. If SP prevails in any
such action, SP shall be entitled to recover from SR all reasonable costs, expenses and attorneys' fees incurred in connection
therewith. As reasonable protection of the proprietary rights of SP and others in the information provided through the Services
and Equipment, to avoid breach of SP7s obligations to providers of such information, and to avoid unnecessary uncertainty,
burden, and expense for all parties, SR acknowledges and agrees that the dissemination or distribution by SR of information
identical or similar to that provided through the Services and the Equipment shall be deemed a breach of the terms of paragraphs
10(a) through 10(d) hereof and shall give rise to an immediate right of SP to terminate this Agreement or any portion of the
Services provided hereunder.
8. Parties.
SR recognizes that (i) SP, (ii) its Affiliated Companies, (iii) the respective partners and suppliers of SP and its Affiliated
Companies, and (iv) the respective affiliates of the entities covered in subparagraph (iii) ((iii) and (iv) together, the "Covered
Entities"), each have rights with respect to the Services, including the software, data, information and other items provided by SP
and its Affiliated Companies by reason of SR's use of the Services. Paragraphs 6 and 7 hereto shall be for the benefit of SP, its
Affiliated Companies, the Covered Entities and the respective affiliates, successors, assigns, officers, directors, employees and
representatives of the Covered Entities. The term "SP" as used in paragraphs 6 and 7 hereto includes SP, its Affiliated
Companies and the Covered Entities.
9. Access.
SR, at its expense, agrees to provide network access per SP's current specifications. Such specifications may include both
dedicated and dial back-up lines permanently connected and dedicated to the Equipment or Internet or alternate network access.
The sole purpose of the dial lines shall be to provide communications backup for the Services. SP is not responsible for the
reliability or continued availability of the telephone lines and communications equipment, other than communications equipment
supplied by SP and used by SR in accessing the Services. However, SP shall attempt to resolve any communication line
problems with respect to the accessibility of the Services,
10. Scope of Services.
(a) The Services and the Equipment are solely and exclusively for the use of SR and shall not be used for any illegal purpose or
in any manner inconsistent with the provisions of this Agreement. SR acknowledges that the Services and the Equipment
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were developed, compiled, prepared, revised, selected and arranged by SP and others (including certain information sources)
through the application of methods and standards of judgment developed and applied through the expenditure of substantial
time, effort and money and constitute valuable industrial and intellectual property and trade secrets of SP and such others.
SR agrees to protect the proprietary rights of SP and all others having rights in the Services and the Equipment during and
after the Term. SR acknowledges and agrees that it has no ownership rights in and to the Services and that no such rights
are granted under this Agreement. SR shall honor and comply with all written requests made by SP or its suppliers to protect
their and others' contractual, statutory and common law rights in the Services and the Equipment with the same degree of
care used to protect its own proprietary rights, which in no event shall be less than reasonable efforts. SR agrees to notify SP
in writing promptly upon becoming aware of any unauthorized access or use by any party or of any claim that the Services or
the Equipment infringe upon any copyright, trademark, or other contractual, statutory or common law rights.
(b) SR shall not access the Services through any medium or equipment which SP has not authorized in writing, nor may any
medium or equipment by which the Services are provided be shared, moved, modified, interfaced, copied, broadcasted,
reproduced, ported or otherwise routed with or to any other equipment without SP's prior written consent. In addition, SR
shall not move, modify, interface, copy, broadcast, reproduce, port or otherwise use or route the Services or any portion
thereof with or to any other equipment, network or software that SP, in its sole good faith judgment, determines is interacting
or interfering or may interact or interfere with the performance of the Services or any portion thereof and, from time to time,
upon SP's request therefor, SR shall promptly notify SP in writing of any and all such equipment, network and software.
Services expressly provided by SP for operation on SR's own equipment shall be furnished without warranty as to
compatibility, fitness or performance with such equipment, and SR shall bear all cost and responsibility for such equipment.
Unauthorized access or use is unlawful and SP and its suppliers shall have all rights provided by law to prevent such access
or use and to collect damages in such event. SR agrees to notify SP in writing promptly upon becoming aware of any
unauthorized access or use. SR shall not share, recompile, decompile, disassemble, reverse engineer, or make or distribute
any other form of, or any derivative work from, the Services and/or the Equipment. SR may use the Services solely for its
internal business purposes and may not use the Services for any development purposes or to develop any applications,
software or otherwise that could in any way interact or interfere with the performance of the Services or any portion thereof,
except as SP may expressly permit under a separate development license with SR.
(c) The analysis and presentation included in the Services shall not be recirculated, redistributed or published by SR except for
internal purposes without the prior written consent of SP and, where necessary, with certain sources of the information
included in the Services.
(d) SR shall not use any of SP's or its Affiliated Companies' trademarks, trade names, or service marks in any manner which
creates the impression that such names and marks belong to or are identified with SR, and SR acknowledges that it has no
ownership rights in and to any of these names and marks.
(e) SR acknowledges and agrees that SP may delegate certain of its responsibilities, obligations and duties under or in
connection with this Agreement to a third party or an Affiliated Company of SP, which may discharge those responsibilities,
obligations and duties on behalf of SP.
11. Facilities.
Commencement of the Services is contingent on the availability of the hardware, network access, communications equipment and
facilities to SP's specifications. At SR's expense, SR shall install or have installed on SR's premises, and shall modify from time
to time at SP's request, all cables, wires, devices, connections or other transmission media equipment and electrical,
communications and network connections specified by SP. SR shall not make use of any cables, wires, devices, connections,
equipment or network access in connection with the Services not approved in writing by SP.
12. Return of Equipment and Software.
Upon termination of this Agreement or any Schedule for any reason whatsoever, SP shall have the right to remove the Equipment
and software by which the terminated Services are provided at SR's expense. In addition, upon such termination SR shall cease
use of all terminated Services.
13. Access to Property.
Any person or persons designated by SP shall have access to the Equipment at all reasonable times for the purposes of
installation, inspection, maintenance, repair, relocation and removal. SR acknowledges and understands that SP and its Affiliated
Companies may monitor, either physically or electronically (including remotely), SR's use of the Services. SR shall at all
reasonable times permit SP to have access to the location where the Services are provided for the purpose of ascertaining the
use made of the Services.
14. Maintenance.
SP to the best of its ability shall maintain and keep the Equipment in good working order and condition so that it will perform its
functions satisfactorily. NOTWITHSTANDING THE FOREGOING, SP AND ITS AFFILIATED COMPANIES SHALL HAVE NO
RESPONSIBILITY OR LIABILITY FOR THE THIRD -PARTY COMMUNICATIONS NETWORK THROUGH WHICH SR
ACCESSES THE SERVICES AND SR SHALL INDEMNIFY SP AND ITS AFFILIATED COMPANIES AND HOLD THEM
HARMLESS AGAINST ANY LOSS, CLAIM, DEMAND OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES)
ARISING IN CONNECTION WITH THE USE OF SUCH THIRD -PARTY COMMUNICATIONS NETWORK. SR shall be
responsible for the safekeeping of the Equipment from the time it is received on SR's premises and shall take reasonable steps to
prevent abuse to the Equipment. SR shall be responsible for all physical loss, theft, or damage to any equipment used to deliver
the Services to SR and shall pay SP the full replacement cost of the Equipment as liquidated damages unless such loss, theft, or
damage is due entirely to the fault or negligence of SP. To the maximum extent permitted by law, none of SP, its Affiliated
Companies or its and their suppliers or third -party agents shall be responsible or liable, contingently or otherwise, for any personal
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injury or property damage arising out of the installation, relocation, maintenance, use or removal of the Services and/or the
Equipment,
15. Relocation.
On reasonable prior written notice, which shall in no event be less than 60 days, and at SR's expense, SP shall relocate all or any
part of the Equipment. Scheduling of such relocation shall be contingent on availability of communication lines, facilities,
equipment and labor. SR acknowledges that interruptions of Services might result from such relocation and that the provisions in
paragraph 6 hereof apply to any such interruption.
16. Assignment.
SR shall have the right to assign this Agreement or the rights hereunder only with the written consent of SP which, in the case of
an assignment by SR to any of its affiliates that are in substantially the same business as SR, shall not be unreasonably withheld.
17. Complete Agreement: Modifications or Waivers: Form: Inauiries,
This Agreement, together with the Schedules, which are incorporated herein by reference, is the complete and exclusive
statement of the agreements between the parties with respect to the subject matter hereof and supersedes any oral or written
communications or representations or agreements relating thereto. No changes, modifications or waivers regarding this
Agreement shall be binding unless in writing and signed by the parties hereto; provided, however, that SP may amend the
provisions of this Agreement relating to Electronic Trading (i) for regulatory reasons or (ii) to provide additional services by
providing written notice to SR. For inquiries, SR should contact Bloomberg L.P., operating agent of SP, at 731 Lexington Avenue,
New York, NY 10022, Telephone: (212) 318-2000, Facsimile: (917) 369-5540, or any successor operating agent or other party as
specified by SP from time to time.
18. Validity.
SP and SR intend this Agreement to be a valid legal instrument. If any provision of this Agreement shall be held invalid, the
remainder of this Agreement shall not be affected and shall be valid and enforceable to the fullest extent permitted by law. The
invalid provision shall be reformed to the minimum extent necessary to correct any invalidity while preserving to the maximum
extent the rights and commercial expectations of the parties. The headings in this Agreement are intended for convenience of
reference and shall not affect its interpretation.
19. Governing Law,
This Agreement and the legal relations among the parties hereto shall be governed by and construed in accordance with the laws
of the State of New York regardless of the laws that might otherwise govern under applicable choice -of -law principles. The
parties hereto agree to submit to the jurisdiction of each of the federal and state courts located in New York County, New York in
connection with any matters arising out of this Agreement and not to assert a defense of forum non conveniens, sovereign
immunity, Act of State or analogous doctrines in connection with any action.
20. Electronic Signatures.
This Agreement, including any Schedules, and any modifications, waivers or notifications relating thereto may be executed and
delivered by facsimile, electronic mail, or other electronic means, including via a website designated by SP by completing the
procedures specified on that website. Any such facsimile, electronic mail transmission, or communication via such electronic
means, including any communication implementing the procedures in such website, shall constitute the final agreement of the
parties and conclusive proof of such agreement. Any such facsimile, electronic mail transmission, or communication via such
electronic means shall be deemed to be in writing. If SR's signature or acknowledgment is required or requested with respect to
any document in connection with this Agreement and any employee or representative authorized by SR "clicks" in the appropriate
space on a website designated by SP or takes such other action as may be indicated by SP, SR shall be deemed to have signed
or acknowledged the document to the same extent and with the same effect as if SR had signed the document manually, SR
acknowledges and agrees that it has the ability and knowledge to print information delivered to SR electronically, or otherwise
knows how to store that information in a way that ensures that it remains accessible to SR in an unchanged form.
21. Survival.
Paragraphs 3(,d),.4,.,5(e),. 6,, 7, 8.3 12,,13; 1.4 and 19 hereof shall survive the termination of this Agreement and shall continue in full
force and effect.
rp
Agreed to by:
CITY OF FORT WORTH
pany
proprietor)
Karen L. Montgomery
'Name (Please type or print)
i me Iri
Agreed to by:
BLOOMBERG FINANCE L.P.
By: BLOOMBERG (GP) FINANCE
Be4wial Partner
Date
BLOOMBERG, BLOOMBERG PROFESSIONAL, BLOOMBERG MARKETS, BLOOMBERG NEWS, BLO BERG TRADEBOOK, BLOOMBERG BONDTRADER, BLOOMBERG
TELEVISION, BLOOMBERG RAD40, BLOOMBERG.COM and BLOOMBERG ANYWHERE are trademarks and service marks of Bloomberg Finance L.P., a Delaware limited
partnership, or its subsidiaries: All rights reserved.
Account: 30013704 Agreement: 2808938 Order: 20213047
a
3733215.11
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BLOOMBERG FINANCE L.P.
731 Lexington Avenue
New York, NY 10022
VAT QUESTIONNAIRE AND NUMBER REQUEST FORM
if you are in a non -VAT country, please go to page 2.
I. VAT QUESTIONNAIRE — To be completed by customers in AUSTRIA, BELGIUM, DENMARK, FRANCE, ITALY,
NETHERLANDS and SPAIN
1(a) Are you an Entrepreneur/ Business?
❑ Yes
❑ No (If No, go to Question 2)
1(b) Are you registered for VAT?
❑ Yes (If Yes, provide VAT # in II below, if applicable)
❑ No
2(a} Are you a Government Body or other Public Entity?
❑ Yes
❑ No (If No, go to Question 3)
2(b) Are you registered for VAT?
❑ Yes (If Yes, provide VAT # in II below, if applicable)
❑ No
3(a) Are you a private individual?
❑ Yes
❑ No (If No, go to Question 4)
3(b) Are you registered for VAT?
❑ Yes (If Yes, provide VAT # in II below, if applicable)
❑ No
4) If questions 1-3 do not apply, please describe your status and your VAT position in the space below:
II. VAT NUMBER REOUEST FORM — To be completed by all customers in PORTUGAL and SOUTH AFRICA;
AND VAT registered customers in AUSTRIA, BELGIUM, DENMARK, FRANCE, ITALY, NETHERLANDS and SPAIN
1. Please provide the VAT identification number of the subscriber in the space provided below.
For customers in Portugal and South Africa, Bloomberg Finance L.P. is required under local VAT rules to state your
AT identification number on the invoices it issues to you. Failure to provide your VAT number on the invoice
may jeopardize your ability to recover any related input VAT.
Subscriber name:
CITY OF FORT WORTH
AT
Number
Print or type
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BANK INFORMATION (Account where payments are sent from)
Bank Name:
Account Name:
ABA #:
Account #:
VAT #:
Bank Address:
Bank Contact Name:
Phone:
ACH BANKING INFORMATION FOR REFUNDS
❑ Check if same as Bank Information Above
Bank Name:
Account Name:
ABA #:
Account #:
Bank Address:
Bank Contact Name:
Phone:
WIRE BANKING INFORMATION FOR REFUNDS
❑ Check is same as Bank Information Above
Bank Name:
Account Name:
ABA #:
Account #:
Bank ID (Swift Code):
MAN #:
Bank Address:
Bank Contact Name:
Phone:
Intermediary/Correspondent Bank(If Applicable):
Intermediary Address:
Intermediary/Correspondent Bank ABA:
Account: 30013704 Agreement: 2808938 Order: 20213047 DT: 1881 CI: BFLP Page 2 of 2 VATReq 10/31/07