Apple 2003 Annual Report Download - page 105

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Attachment or this Agreement and any applicable cancellation charges set forth in this Agreement or the Attachment for such Products (IBM
agrees to attempt to mitigate any amounts payable by Apple for any long lead time materials through such means as use in other manufacturing
activities or sale, if practicable); (iii) for any Services completed when the Agreement terminated, the full price determined in accordance with
the applicable Attachment; and (iv) for any Services not delivered or completed when the Agreement terminated, the applicable cancellation
charges determined in accordance with the applicable Attachment, or, if none, in accordance with Section 5.2 of this Agreement. Under no
circumstances will the total amount due for a Product or Services under (i), (ii), (iii), or (iv), above, exceed the full price for such Product or
Service determined in accordance with Section 6.1 or 6.2, as applicable, and any applicable Attachment.
7.3 If Apple terminates pursuant to Section 7.1, at Apple’s discretion all previously accepted Purchase Orders may be canceled and no
cancellation charges (including long-lead-time materials) will apply.
7.4 Apple may terminate this Agreement or any or all Attachments for convenience by providing written notice to IBM at least twelve
(12) months before the termination date. If Apple terminates this Agreement, or any or all Attachments, for its convenience, all previously
accepted Purchase Orders will be filled, but IBM shall not be obligated to accept further Purchase Orders pursuant to the terminated Agreement
or Attachment, as the case may be, after receiving notice of termination.
7.5 All amounts due for Products or Services under this Agreement shall be paid in accordance with the terms and conditions of this
Agreement notwithstanding any termination of this Agreement for any reason, provided, however, that in the event this Agreement is
terminated pursuant to Section 7.1 all amounts due and payable to the non-terminating party as of the date of such termination shall become
immediately due and payable.
7.6 This Base Agreement will continue after its termination or expiration with respect to any Attachments already in place until they
expire, or are terminated or performed. Applicable Items shall be returned or disposed of as directed by Apple in writing at Apple’s expense
after a termination or expiration of this Agreement or relevant Attachment.
[**] = information redacted pursuant to a confidential treatment request. Such omitted information has been filed separately with the Securities
and Exchange Commission.