Apple 2003 Annual Report Download - page 115

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Engineering Changes as soon as reasonably practicable. IBM shall give Apple prior notice of any other engineering changes affecting the
form, fit or function of a Product as set forth in the above-described JEDEC standard. Apple will have no obligation to accept any modified
Product unless and until IBM has demonstrated to Apple’s satisfaction that the modified Product functions in accordance with agreed
specifications and Apple has qualified the modified Product for use in Apple’s products.
20.0 EXPORT AND OTHER LAWS, REGULATIONS AND ORDINANCES
20.1 Each party will comply, at its own expense, with all applicable United States (federal, state and local), European Union, and other
country or country group laws, regulations and ordinances, and shall procure all licenses and permits, and shall comply with all relevant export
license terms, conditions and provisos regardless of to whom (which party under this Agreement) the license was issued, and pay all fees and
other charges required thereby. Such laws, regulations and ordinances include the regulations of the U.S. Government relating to export and
re-export. Apple agrees that regardless of any disclosure made by Apple to IBM of an ultimate destination of any Products or related technical
data, or any system incorporating them, Apple will not export, either directly or indirectly, any Product or related technical data, or system
incorporating them without first obtaining required licenses or permits from all relevant government agencies or departments. IBM will provide
Apple with information regarding any standard Products as reasonably required to assist Apple in obtaining such documents and approvals. In
addition, Apple warrants that custom Products are not for space or missile use, do not contain encryption of a type that would violate applicable
laws if exported without approval, and do not relate to radiation-hardened design, circuitry, manufacturing or testing.
20.2 Each party will keep suitable records to show compliance with this Section 20. At the other’s request and pursuant to a request by a
responsible government agency, each party will demonstrate to the other that it has fully complied with the terms and conditions of this
Section.
20.3 Whenever IBM secures an export license for a Product, the parties agree that IBM will be the exporter of record for all exports of
such Product, and the Authorized Purchaser or Designee will utilize an IBM-approved (such approval not to be unreasonably withheld) freight
forwarder for shipment of the Product to the agreed-upon destination point. Further, the parties will cooperate with one another and comply
with any terms, conditions and provisos IBM may reasonably impose relating to the export of Product under any such export license. IBM
agrees that it will consult with Apple regarding any government proposed license terms, conditions and provisos that would result in
obligations for Apple.
20.4 Whenever IBM arranges for export or import of custom Products, with respect to all relevant governmental and administrative
authorities, including the United States and European
[**] = information redacted pursuant to a confidential treatment request. Such omitted information has been filed separately with the Securities
and Exchange Commission.