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
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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.
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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/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ By: /s/ ▇▇▇▇ ▇▇▇▇▇
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Print Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Print Name: ▇▇▇▇ ▇▇▇▇▇
Print Title: Vice President Title: VP Network Engineering
Date Signed: 12/31/03 Date Signed: 12/31/03