Apple 2003 Annual Report Download - page 96

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1.21 “Scheduled Shipment Date” means: [**] and (iii) in either case, if later rescheduled by the Authorized Purchaser or Designee
pursuant to Section 5.3, below, the rescheduled date.
1.22 “Service” means any design or engineering work that IBM performs pursuant to this Agreement.
2.0 AGREEMENT STRUCTURE
2.1 This Agreement consists of: (i) the Base Agreement which defines the basic terms and conditions of the relationship between the
parties; and (ii) Attachments which specify the details of specific work tasks (Services) or Products. An Attachment may include additional or
differing terms and conditions from the Base Agreement, however such terms and conditions will apply only to that Attachment. Attachments
may also include any specifications agreed to by the parties applicable to the specific work tasks (Services) or Product under that Attachment.
2.2 If there is a conflict or ambiguity among the terms and conditions of the various documents, Attachment terms and conditions govern
only as to the Attachment.
2.3 Except for Product part numbers, Product descriptions (e.g. 1 GHz microprocessor), prices, quantities, bill-to locations, ship-to
locations, shipping instructions (limited to preferred carrier, carrier account number, and expedited shipping method, if any), and Scheduled
Shipment Dates, any other terms and conditions on Purchase Orders and Sales Acknowledgements are void and replaced by this Agreement.
2.4 Apple and its wholly-owned subsidiaries, including Apple Computer International and Apple Computer Limited, may issue Purchase
Orders for Products and Services under this Agreement. Either party may include its other Related Companies under this Agreement by prior
written agreement with the other party. Apple will cause any wholly-owned subsidiary or Related Company purchasing Product under this
Agreement to execute a Related Company Agreement with Apple and IBM binding them to the terms and conditions of this Agreement.
2.5 Apple may, in a writing provided to IBM, name one or more agents who are authorized by Apple to issue Purchase Orders for
Products with Apple part numbers, receive, reschedule or cancel deliveries of such Products ordered pursuant to such Purchase Orders, process
warranty claims related to such Products and pay for such Products and any associated freight costs (“Designees”). Designees are not
authorized to act for Apple in any other capacity or to bind Apple in any other respect whatsoever. Apple may disclose to its Designees those
terms and conditions of this Agreement specifically set forth in Exhibit 2, hereto, and each party agrees that it will not disclose any other terms
or conditions of this Agreement to any Designee without the other’s prior written consent. Apple represents and warrants that before giving
notice to IBM
[**] = information redacted pursuant to a confidential treatment request. Such omitted information has been filed separately with the Securities
and Exchange Commission.