AMENDMENT

EX-10.5 5 dp18350_ex1005.htm EXHIBIT-10.5
Exhibit 10.5
 
 
CONFIDENTIAL TREATMENT REQUESTED. *********** INDICATES OMITTED MATERIAL THAT IS THE
SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION.
THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION.
AMENDMENT
 
Date of Amendment: October 27, 2009
 
AMENDMENT to the Index License Agreement for Funds (the “Agreement”), dated as of March 18, 2000, by and between MSCI Inc. (f/k/a/ Morgan Stanley Capital International Inc.) (“MSCI”) and Barclays Global Investors, N.A. (“Licensee”), as previously amended. 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 *********** Index, MSCI *********** Index, MSCI *********** Index and MSCI *********** 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 *********** Index, MSCI *********** Index, MSCI *********** Index and MSCI *********** Index.
 
 
 
  •  
The *********** per Fund. The *********** per Fund.
 
 
 
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 will control. No right or license of any kind is granted to Licensee except as expressly provided in the Agreement or 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: Barclays Global Investors     MSCI Inc.
By  
  /s/ Greg Friedman
 
     By  
  /s/ Paul Friedman
 
Name  
  Greg Friedman
 
     Name  
  Paul Friedman
 
    (printed)         (printed)
Title  
  Managing Director
 
     Title  
  Vice President
 
LICENSEE: Barclays Global Investors      
By  
  /s/ Elaine Orr
 
      
Name  
  Elaine Orr
 
      
    (printed)      
Title  
  Principal