Apple 2003 Annual Report Download - page 95

Download and view the complete annual report

Please find page 95 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

1.14 “Product” means production units to be sold or purchased under this Agreement, including the Exhibit 4 Products. Products may be
“standard” (available for purchase by one or more customers other than Apple) or “custom” (resulting from IBM performing Services for
Apple under this Agreement and not available for IBM’s own use (other than ordinary manufacturing activities) or for purchase by any other
customer). Standard Products may include, but not necessarily be limited to, PowerPC Products and SRAM Products. Custom Products may
include, but not necessarily be limited to, PowerPC Products and ASIC Products. Product shall be designated as “standard” or “custom” in the
Attachment applicable to such Product. Products shall not include Prototypes.
1.15 “Prototype” means a preliminary version of an ASIC Product which may or may not be functional, is intended for internal use and
testing and not for resale, and is not suitable for production in commercial quantities. The terms and conditions relating to Prototypes are set
forth in the ASIC Development Agreement, Agreement No. 000798, signed by the parties on September 26, 2001.
1.16 “Purchase Order” means a written order containing the terms set forth in Section 3.2, below, issued by an Authorized Purchaser or
Designee pursuant to this Agreement.
1.17 “Purchase Order Lead Time” means the required minimum amount of time between IBM’s receipt of the Purchase Order and the
Scheduled Shipment Date. Purchase Order Lead Times will be established for each Product sold hereunder and shall be set forth in the
Attachment hereto which is applicable to such Product.
1.18 “Related Company” of a party hereunder shall mean a corporation, company or other entity which controls or is controlled by such
party or by another Related Company of such party, where control means ownership or control, direct or indirect, of more than fifty (50)
percent of: (i) the outstanding voting shares or securities (representing the right to vote for the election of directors or managing authority), or
(ii) the ownership interests representing the right to make decisions for such a corporation, company or other entity (as the case may be in a
partnership, joint venture or unincorporated association having no outstanding shares or securities). However, any such corporation, company
or other entity shall be deemed to be a Related Company of such party only so long as such ownership or control exists.
1.19 “Related Company Agreement” means the agreement to be executed by the parties and by the Authorized Purchaser in the form
attached hereto as Exhibit 1.
1.20 “Sales Acknowledgment” means a written sales acknowledgment or other acceptance document issued by IBM or its Plant in
response to a Purchase Order.
[**] = information redacted pursuant to a confidential treatment request. Such omitted information has been filed separately with the Securities
and Exchange Commission.