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- #Contract forms for mma manager software
- #Contract forms for mma manager code
- #Contract forms for mma manager license
Services), as more particularly described and defined in Exhibit A. Envestnet shall provide to Fidelity certain platform services (the Platform
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NOW, THEREFORE, in consideration of the premises and the mutual promises and covenants contained herein, and for other good and valuableĬonsideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows: Investment advisor and the Parties migrate to the new collaborative arrangement andĪnd replace certain portions of the Existing Agreements with this new Technology and Services Agreement as part of the implementation of the new collaborative arrangement. WHEREAS, the Parties recognize that there will be a period of transition as Fidelity assumes the role of WHEREAS, pursuant to this Agreement, the Parties wish to restructure their existing collaborativeĪrrangement to enable Fidelity, through a Fidelity Company to be designated by Fidelity, to assume the role of investment advisor, program sponsor and/or platform sponsor for both existing and new Fidelity customers participating in Envestnet
#Contract forms for mma manager software
Software platform (together with an intermediary which is responsible for direct client communication), and NFS, FBS or FPI, as applicable, serve as custodians or clearing agents to or on behalf of their respective clients and are responsible for WHEREAS, under the Existing Agreements, Envestnet serves as the investment adviser to Fidelity customers on Envestnets proprietary
#Contract forms for mma manager code
Proprietary software platform in both source and object code format for the purpose of enabling Fidelity to use and modify such software in connection with Fidelitys provision of investment advisory services to its customers
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#Contract forms for mma manager license
WHEREAS, Fidelity desires to obtain a license to the software underlying Envestnets NFS Agreement, Program Access Agreement and FBS Agreement, the Existing Agreements) įPI currently collaborate with Envestnet under the Existing Agreements to market and promote Envestnets investment programs and services, and proprietary software platform, to Fidelity customers including broker dealers, registered investment Party administrator business currently known as Institutional Wealth Services ( IWS), and Envestnet are Parties to that certain Services Agreement, dated December 28, 2005 (the FBS Agreement) and Fidelityīrokerage Services LLC, with respect to its Personal Investments business ( FPI), and Envestnet are Parties to that certain Services Agreement, dated August 29, 2007 (the FPI Agreement and together with the Parties to that certain Program Access Agreement, dated December 31, 2003 (the Program Access Agreement) Fidelity Brokerage Services LLC ( FBS), with respect to its registered investment advisor and third WHEREAS, National Financial Services LLC ( NFS), with respect to its National Financial Services correspondent clearingīusinesses, and Envestnet are Parties to that certain Services Agreement, dated March 24, 2005 (the NFS Agreement) NFS, with respect to its National Financial Services correspondent clearing businesses, and Envestnet are Other than FMR, which is obtaining services or license rights hereunder, the terms Party and Parties shall include such Fidelity Company, as the context requires. To the extent the rights or obligations in this Agreement involve a Fidelity Company, Envestnet and FMR are also referred to herein individually as a Party and collectively as the Parties. Purpose of the foregoing, an ownership interest of fifty percent (50%) or more of an entity established in the United States shall be deemed to represent control of such entity and an ownership interest of forty percent (40%) or more of anĮntity established outside of the United States shall be deemed to represent control of such entity) Fidelity shall mean FMR, together with all Fidelity Affiliates and Fidelity Company shall mean FMR or anyįidelity Affiliate. Indirectly controlling, controlled by or under common control with FMR as of or after the Effective Date, for so long as such relationship is in effect (including Affiliates subsequently established by acquisition, merger or otherwise) (for the For purposes of this Agreement, Fidelity Affiliate shall mean any person or entity directly or ( Envestnet) as of March 31, 2008 ( Effective Date). This TECHNOLOGY AND SERVICES AGREEMENT ( Agreement) is made by and between FMR LLC ( FMR) andĮnvestnet Asset Management Group, Inc.