Intraday prices, estimates, rates, indices or values calculated, assessed, determined, maintained, made available, published, distributed, disseminated, broadcast or in any other way provided by or on behalf of ICE, including, without limitation, those referred to as “indicative optimized portfolio values,” “IOPVs,” “intraday values” or “intraday indicative values” should not: (i) be used or used for reference in (x) determining the interest payable, or other sums due, under loan agreements or under other financial contracts or instruments; (y) determining the price at which any financial instrument may be bought or sold or traded or redeemed, or the value of any financial instrument; or (z) measuring the performance of any financial instrument; and (ii) where any such intraday value relates to any fund, be viewed as a “real-time” update of the net asset value of such fund, in part because such intraday value may not be calculated in the same manner as the net asset value. In addition, the instrument for which any such intraday value is provided may be valued using other measures, which may be based on, among other things, different measures of the price, value or performance of other assets (including, without limitation, securities), different exchange rates and different sources of information from those used in calculating any such intraday value. As a result, any such intraday value may deviate significantly from other measures of the value of the instrument for which such intraday value is provided, the price at which such instrument or any related financial contract or instrument may be bought or sold or traded or redeemed and other measures of the price, value or performance of such instrument or any related financial contract or instrument.