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Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Notices information by the Processor as herein provided shall be subject to the same terms and conditions as those applicable to the reporting and dissemination of transactions in Eligible Securities, including compliance with the tape format and technical specifications to which Section VIc refers.
c Primacy of Eligible Securities. The collection, processing, validation and dissemination of concurrent use information by the Processor may in no way or manner interfere with the implementation of, operations under, and rights and obligations created by this CTA Plan in respect of last sale price information relating to completed transactions in Eligible Securities and contracts made, and the exercise of authority delegated, pursuant thereto.
To the extent deemed necessary or appropriate, CTA shall develop procedures to avoid, insofar as possible, any interference with the orderly reporting and dissemination of transactions in Eligible Securities on the consolidated tape resulting from the reporting and dissemination of concurrent use information.
d Revenue sharing. The dissemination of concurrent use information shall have no impact on, and be wholly independent of, the revenue sharing provisions of Section XII and the computations thereunder.
Except as Section XIIbi otherwise provides in respect of bonds traded on the NYSE, transactions in concurrent use securities shall not be taken into consideration in connection with any computations made pursuant to Section XII of this CTA Plan, which computations are based on the number of last sale prices reported on the consolidated tape in respect of Eligible Securities.
e Costs and records. The Processor shall maintain records relating to the Processors receipt, storage, processing, validating and transmission of concurrent use information and each Participant that makes concurrent use information available shall pay directly to the Processor such appropriate costs as the Processor may determine from time to time in respect of providing concurrent use facilities. The Processor shall provide each such Participant with periodic reports including, among other things, the volume of activity processed pursuant to the Participants distribution of concurrent use information.
f Service and administrative requirements. The Participants that make a category of concurrent use information available will allow vendors to use that information for the
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purposes of concurrent use information services, subject to the same contract and other requirements as apply in respect of services that use information relating to Eligible Securities, as set forth in Section IX. However, if one or more Participants impose a charge in respect of any concurrent use information that is separate and apart from the charges that the Participants impose in respect of Eligible Security services, CTA will not be responsible for collecting the charge, for administering vendor and subscriber contracts, and for otherwise performing administrative functions, relating to the separate service, except as a networks administrator may otherwise agree in writing.
g Indemnification for concurrent use.
i Any Participant that makes concurrent use of the high speed line an Indemnifying User undertakes to indemnify and hold harmless CTA, each member of CTA, each other Participant, the Processor, each of their respective affiliates, directors, officers, employees and agents, and each director, officer and employee of each such affiliate and agent collectively, the Indemnified Persons from and against any suit or other proceeding at law or in equity, claim, liability, loss, cost, damage or expense including reasonable attorneys fees incurred by or threatened against any Indemnified Person.
A arising from or in connection with such concurrent use; and B without limiting the generality of clause A, pertaining to the timeliness, sequence, accuracy or completeness of the information disseminated through such concurrent use.
ii Each Indemnified Person shall give prompt written notice of any claim, or of any other manifestation by any person of an intention to assert a claim, against the Indemnified Person that may give rise to a claim for indemnification under this Section XIIIg a Claim Notice. An omission to so notify the Indemnifying User will not relieve the Indemnifying User from any liability that it may have to the Indemnified Person otherwise than under this Section XIIIg.
iii Thereafter, the Indemnifying User may notify the Indemnified Person in writing that the Indemnifying User intends, at its sole cost and expense and through counsel of its choice, to assume the defense of the matter an Intervention Notice and the Indemnifying User may thereafter so assume the defense. In that case, A the Indemnified Person shall take all appropriate action to permit and
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authorize the Indemnifying User fully to assume the defense, B the Indemnifying User shall keep the Indemnified Person fully apprised at all times as to the status of the defense, and C the Indemnified Person may, at no cost or expense to the Indemnifying User, 1 participate in the defense through counsel of his or its choice insofar as participation does not impair the Indemnifying Users control of the defense and 2 retain, assume or reassume sole control over every aspect of the defense that he or it reasonably believes is not the subject of the indemnification provided for in this Section XIIIg.
iv Until both A the Indemnified Person receives an Intervention Notice and B the Indemnifying User assumes the defense, the Indemnified Person may, at any time after ten days from the giving of the Claim Notice, A resist the claim or B after consulting with, and obtaining the consent of, the Indemnifying User, settle, otherwise compromise or pay the claim. In that case, A the Indemnifying User shall pay all costs of the indemnified Person arising out of the defense and of any settlement, compromise or payment and B the Indemnified Person shall keep the Indemnifying User apprised at all times as to the status of the defense.
v Following indemnification as provided for in this Section XIIIg, the Indemnifying User shall be subrogated to all rights of the Indemnified Person with respect to the matter for which indemnification has been made to all third parties.
vi An affiliate of any person includes any other person controlling, controlled by or under common control with such person.
XIV. Miscellaneous a Withdrawal. Any Participant, after becoming exempted from, or otherwise ceasing to be subject to, the Rule or arranging to comply with the Rule in some manner other than through participation in this CTA Plan, may withdraw from this CTA Plan at any time on not less than sixty days written notice to the Processor and each other Participant; provided, however, that such withdrawing Participant shall remain liable for, and shall pay upon demand, all amounts payable by it i in respect of its activities under this CTA
Plan that occurred prior to the withdrawal, including those incurred pursuant to Section XII, and ii pursuant to the indemnification obligations imposed by its contract with the Processor as provided in Section Vc hereof.

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