Amendment to Index License Agreement for Funds between MSCI Inc. and BlackRock Institutional Trust Company, N.A. (October 4, 2011)
This amendment updates the existing Index License Agreement between MSCI Inc. and BlackRock Institutional Trust Company, N.A. by adding the MSCI Emerging Markets Consumer Discretionary Index to the list of licensed indices. All existing terms, including listing requirements and license fees, will apply to funds based on this new index. The amendment is governed by New York law and prevails over any conflicting terms in the original agreement. Both parties have signed to confirm their acceptance of these changes.
Exhibit 10.65
Client Code/Reference No: WFNIA/CA
AMENDMENT
Date of Amendment: October 4th 2011
AMENDMENT to the Index License Agreement for Funds (the “Agreement”), dated as of March 18, 2000, by and between MSCI Inc. (“MSCI”), a Delaware corporation, and BlackRock Institutional Trust Company, N.A. (formerly known as Barclays Global Investors, N.A.) (“Licensee”). Capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed in the Agreement.
| 1. | Exhibit A of the Agreement is hereby amended to add the MSCI Emerging Markets Consumer Discretionary Index. For the avoidance of doubt, the terms contained in Exhibit B of the Agreement, Including, but not limited to the requirement that all Funds be listed on an U.S. domiciled stock exchange only, shall apply to all Funds based on the MSCI Emerging Markets Consumer Discretionary Index. |
For the avoidance of doubt, the license fees set forth In the Agreement, as amended, shall apply with respect to all Funds based on the MSCI Emerging Markets Consumer Discretionary Index.
| 2. | This Amendment is intended to amend and operate in conjunction with the Agreement and together this Amendment and the Agreement constitute the complete and exclusive statement of the agreement between the parties and supersede in full all prior proposals and understandings, oral or written, relating to the subject matter hereof. To the extent that any terms of this Amendment conflict with any terms of the Agreement, the terms of this Amendment shall control. No right or license of any kind is granted to Licensee except as expressly provided in the Agreement and this Amendment. |
| 3. | This Amendment shall be governed by, and construed in accordance with, the laws of the State of New York without regard to its conflict or choice of laws principles. |
| LICENSEE: Blackrock Institutional Trust Company, N.A. | MSCI Inc. | |||||||
| By | /s/ Jenni A. Lee | By | /s/ Paul Friedman | |||||
| Name | Jenni A. Lee | Name | Paul Friedman | |||||
| (printed) | (printed) | |||||||
| Title | Director | Title | Executive Director | |||||
| Date | 10/17/2011 | Date | 10/20/2011 | |||||
| LICENSEE: Blackrock Institutional Trust Company, N.A. | ||
| By | /s/ Timothy M. Meyer | |
| Name | Timothy M. Meyer | |
| (printed) | ||
| Title | M. Director | |
| Date | 10/17/2011 | |
