Addendum to Advanced Recovery Schedule Between SunGard Recovery Services LP and NYFIX Millennium, LLC (January 1, 2004)

Summary

This addendum extends the service agreement between SunGard Recovery Services LP and NYFIX Millennium, LLC for disaster recovery services through February 14, 2009. It allows NYFIX to relocate equipment within SunGard facilities with notice and at their own expense. The agreement adjusts monthly fees, outlines charges for network connections, and specifies that NYFIX will pay for certain power and fiber connection costs. If NYFIX experiences repeated power failures due to SunGard's fault, they may terminate the agreement with 90 days' notice.

EX-10.26 5 ex1026to10k_12312003.htm sec document

 Exhibit 10.26 ADDENDUM TO ADVANCED RECOVERY SCHEDULE DATED FEBRUARY 15, 2000 TO THE MASTER AGREEMENT DATED OCTOBER 15,1997 BETWEEN SUNGARD RECOVERY SERVICES LP ("SUNGARD") AND NYFIX Millennium, LLC ("CUSTOMER") Page 1 of 1 The Master Agreement, having the above date, between SunGard Recovery Services LP, as successor in interest to Comdisco, Inc. ("SunGard") and the Customer named below, ("Agreement"), with regard to the Schedule identified above ("Specified Schedule") is amended effective January 1, 2004, as follows: 1. The Initial Term of the Specified Schedule is hereby extended 48 months through February 14, 2009. 2. Customer may elect to relocate all or a portion of the space, power and equipment housed in the 350 square feet of space in SunGard's North Bergen facility to any North American SunGard facility upon sixty (60) days prior written notice to SunGard. Such relocation will be at Customer's expense. 3. The parties hereby acknowledge Customer's obligation to continue to pay for the dark fiber connection between SunGard's Carlstadt and North Bergen facilities through February 14, 2005. Effective February 28, 2005, the dark fiber connection will be de-installed and Customer's monthly Subscription Fee shall be reduced by $3,172. Accordingly, the monthly Subscription Fees for the Specified Schedule shall be as follows (based on the Backup Capability on the Specified Schedule as of the effective date of this Addendum): Effective 01/01/2004 - 2/28/2005 - $120,473 Effective 03/01/2005 - 2/28/2009 - $117,301 4 SunGard represents that all costs for electrical power associated with the Customer's use of the SunGard facility will be passed onto Customer without surcharge. In addition, SunGard will charge the following monthly Subscription Fees for network connections: Cross Connect Monthly Subscription Fee ------- ------------------------ T1 $75 T3 $125 5. If, as a result of SunGard's breach of contract, negligence or willful misconduct, Customer experiences unscheduled loss of complete power to critical equipment (as reasonably determined by Customer and assuming all said equipment is dual fed) located in a SunGard facility at least two (2) times in a twelve (12) month period, then Customer may, as its sole remedy, terminate the Agreement upon 90 days prior written notice to SunGard without any further liability of either party as a consequence thereof. - -------------------------------------------------------------------------------- By the signatures of their duly authorized representatives below, SunGard and Customer, intending to be legally bound, agree to all of the provisions of this Addendum and ratify the terms of the Agreement. SUNGARD RECOVERY SERVICES LP CUSTOMER: NYFIX Millenium, LLC By: /s/ Donald Turner By: /s/ John Knuff --------------------- ----------------- Print Name: Donald Turner Print Name: John Knuff Print Title: Vice President Title: VP Network Engineering Date Signed: 12/31/03 Date Signed: 12/31/03