Apple 2003 Annual Report Download - page 116

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Union, Apple: (i) recognizes that IBM may not know or have reason to know the intended function of such Products and technical data and
must rely on Apple to provide correct information for export and import of Products and technical data, (ii) agrees to cooperate in providing all
information necessary to determine all relevant export authorizations and to export and import the Products and technical data, including as
applicable the Export Classification Control Number (ECCN) and subheadings, and (iii) agrees to assist with obtaining any required licenses
and authorizations for export and import of Products and technical data and with making any required filings. Apple shall be fully responsible
for the correctness of information provided by Apple and any Apple-authorized use of it to comply with applicable regulations.
20.5 For the avoidance of doubt, this clause shall be considered one of the clauses intended by the parties to survive the expiration or
termination of this Agreement under Section 21.6.
20.6 If IBM has a reasonable basis to believe that any export license issued for any of the Products is not being complied with in
accordance with the terms and conditions of this Section 20, IBM shall give prompt notice to Apple pursuant to Section 21.2 of the Agreement,
and shall ask that Apple provide IBM with adequate assurance of compliance with such license terms, conditions, or provisos.
20.7 For purposes of this Section 20, the term “party” shall include IBM, the Plant, Authorized Purchasers and Designees.
21.0 GENERAL
21.1 Neither party shall be responsible for failure to fulfill its obligations under this Agreement due to fire, flood, war, earthquake or other
such cause beyond its reasonable control and without its fault or negligence provided it promptly notifies the other party and uses reasonable
efforts to promptly cure such failure or delay and to resume its performance.
21.2 The parties will make every reasonable effort to resolve any disputes under this Agreement through negotiation.
21.3 This Section shall apply in the event that the parties are unable to resolve any disputes under this Agreement through negotiation.
Each party agrees to provide the other party written notice of any such dispute. If the dispute cannot be resolved within thirty (30) days of such
written notice, the matter will be escalated to Apple’s Chief Executive Officer and IBM’s Senior Vice President, Technology Group. If they
cannot resolve the dispute within sixty (60) days of the date of escalation, the parties then may seek to resolve the dispute through other means.
BOTH PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING OUT OF THIS
AGREEMENT. If Apple commences any action against IBM relating to or arising out of the Agreement, the substantive laws of the State of
New York shall be applied exclusively to govern this Agreement without regard to conflict of law
[**] = information redacted pursuant to a confidential treatment request. Such omitted information has been filed separately with the Securities
and Exchange Commission.