Apple 2003 Annual Report Download - page 102

Download and view the complete annual report

Please find page 102 of the 2003 Apple annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 164

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146
  • 147
  • 148
  • 149
  • 150
  • 151
  • 152
  • 153
  • 154
  • 155
  • 156
  • 157
  • 158
  • 159
  • 160
  • 161
  • 162
  • 163
  • 164

Order shall pay the cancellation charges set forth in the applicable Product Attachment. IBM will provide Apple and the Authorized
Purchaser or Designee who placed the Purchase Order prompt written notice of any applicable cancellation charges. The Authorized
Purchaser or Designee canceling the Purchaser Order will, upon receipt of IBM’s written notice, promptly issue a Purchase Order to
IBM for such charges and IBM will invoice the same upon receipt. Neither Apple nor the Authorized Purchaser will be liable for any
other fees or costs except those expressly set forth in this Section when canceling a Purchase Order for other Products.
5.2 If an Authorized Purchaser or Designee cancels a Purchase Order for Services for its convenience, IBM will cease further work in
connection with the Purchase Order and the Authorized Purchaser or Designee will pay IBM for reasonable costs actually incurred by IBM
pursuant to such Purchase Order before the Authorized Purchaser or Designee’s notice of cancellation. IBM must make its claim for
cancellation charges and provide supporting documentation within forty-five (45) days of the date of cancellation. Any claim not made within
such forty-five (45) day period will be deemed waived. In the event IBM is more than twenty-one (21) days late in completing a Purchase
Order for Services, the Authorized Purchaser or Designee may cancel such Purchase Order and the Authorized Purchaser or Designee’s sole
obligation will be to pay IBM for any deliverables ordered pursuant to that Purchase Order that were actually completed or delivered by IBM
before the Authorized Purchaser or Designee’s notice of cancellation, provided that any periods of such delay that were caused by the
Authorized Purchaser or Designee shall be excluded for purposes of calculating the length of the delay hereunder.
5.3 Rescheduling. The Authorized Purchaser or Designee may reschedule accepted Purchase Orders for Products in accordance with this
Section 5.3.
5.3.1
Exhibit 4 Products. The Authorized Purchaser or Designee may reschedule a Scheduled Shipment Date for an Exhibit 4
Product or any other ASIC Product that the parties may agree to treat in a similar manner to a later date provided: (i) it sends
IBM or its Plant written notice of the request to reschedule; (ii) the Product being rescheduled has not yet been shipped; and
(iii) the requested rescheduled shipment date is within [**] after the original Scheduled Shipment Date. If the foregoing
requirements are met, [**] will be imposed by IBM or its Plant for rescheduling.
5.3.2
Other Products. The Authorized Purchaser or Designee may reschedule an order for any other Product to a later date only
upon prior written notice to IBM and as set forth in the applicable Product Attachment. In the event of a reschedule which
exceeds the rescheduling rights set forth in the applicable Attachment, IBM may invoice the Authorized Purchaser or
Designee the quoted price for any Products
[**] = information redacted pursuant to a confidential treatment request. Such omitted information has been filed separately with the Securities
and Exchange Commission.