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Exhibit 10.9
Client Code/Reference No:
ADD-00493
AMENDMENT
Date of Amendment: November 7,
2008
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 amended. Capitalized terms used herein but not
otherwise defined herein shall have the meanings ascribed in the
Agreement.
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1)
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Exhibit A of
the Agreement is hereby amended to add the MSCI All Peru Capped
Index and MSCI **** 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
aforementioned indices.
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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
aforementioned indices.
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2)
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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 and this
Amendment.
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3)
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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.
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Barclays Global
Investors, N.A.
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MSCI
INC.
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