Apple 2003 Annual Report Download - page 119

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Exhibit 1: Related Company Agreement Template
Agreement No.____________
Related Company:
This Related Company Agreement (“RCA”) is made and entered into between International Business Machines Corporation (“IBM”), {
Related
Company Full Name} (“{Related Company}”) and Apple Computer, Inc. (“Apple”). This RCA shall be effective as of
______________________ (the
“Effective Date”).
WHEREAS IBM and Apple are parties to Custom Sales Agreement No. 000451 and Attachment No. 1, having an effective date of
________________ (the
“Agreement”);
WHEREAS {Related Company} represents and warrants that it is a “Related Company” as such term is defined under the
Agreement; and
WHEREAS IBM, {Related Company} and Apple desire that {Related Company} enter into the Agreement with IBM.
NOW, THEREFORE, the parties agree as follows:
1. Unless otherwise defined in this RCA, all capitalized terms shall have the meaning assigned to them in the Agreement.
2. In exchange for good and valuable consideration, the sufficiency of which is hereby acknowledged, {Related Company} is hereby deemed a
party to the Agreement as of and from the Effective Date with the same force and effect as if {Related Company} were an original signatory.
As an additional party to the Agreement, {Related Company} shall have the rights of and be subject to the duties and obligations of Customer
under the Agreement, including any applicable SOW Attachments thereto.
3. {Related Company}’s Invoicing address shall be:
4. Upon signature by the parties, it is agreed that this RCA and the Agreement constitutes the complete and exclusive agreement between them
superseding all contemporaneous or prior agreements and other communications between them, written or oral, relating to the subject matter of
this RCA, notwithstanding anything contained in any document issued by either party. This RCA may not be amended or modified except by a
written amendment signed by duly authorized signatories of the parties.
5. The parties expressly acknowledge that they have received and are in possession of a copy of any referenced document that is not physically
attached to the Agreement and any such item will be treated as if attached.
6. This RCA shall automatically terminate, without further notice or action by any party hereto upon the earlier of: (a) the termination or
expiration of the Agreement or (b) at such time that {Related Company} ceases to be a Related Company of Apple. In the event that this RCA
is terminated pursuant to (b) immediately above, IBM and {Related
[**] = information redacted pursuant to a confidential treatment request. Such omitted information has been filed
separately with the Securities and Exchange Commission.
International Business Machines Corporation
1000 River Street, 965
-
3B
Essex Jct., VT 05452