Apple 2005 Annual Report Download - page 138

6.
DATA AUTHORIZATION. You acknowledge and consent to the collection, use, processing and transfer of personal data as
described in this paragraph. The Company, its related entities, and your employer hold certain personal information about you, including your
name, home address and telephone number, date of birth, social security number or other employee identification number, salary, nationality,
job title, any shares of stock or directorships held in the Company, details of all options or any other entitlement to shares of stock awarded,
canceled, purchased, vested, unvested or outstanding in your favor, for the purpose of managing and administering the Plan (“Data”). The
Company and/or its related entities will transfer Data amongst themselves as necessary for the purpose of implementation, administration and
management of your participation in the Plan, and the Company and/or any of its related entities may each further transfer Data to any third
parties assisting the Company in the implementation, administration and management of the Plan. These recipients may be located in the
European Economic Area, or elsewhere, such as the United States. You authorize them to receive, possess, use, retain and transfer the Data, in
electronic or other form, for the purposes of implementing, administering and managing your participation in the Plan, including any requisite
transfer of such Data as may be required for the administration of the Plan and/or the subsequent holding of shares of stock on your behalf to a
broker or other third party with whom you may elect to deposit any shares of stock acquired pursuant to the Plan. You may, at any time,
review Data, require any necessary amendments to it or withdraw the consents herein in writing by contacting the Company; however,
withdrawing your consent may affect your ability to participate in the Plan.
7.
NON-TRANSFERABILITY OF OPTION. This option may not be sold, pledged, assigned, hypothecated, transferred or disposed of
in any manner otherwise than by will or by the laws of descent or distribution or pursuant to a qualified domestic relations order as defined by
the Code or Title I of the Employee Retirement Income Security Act or the rules thereunder. This option may be exercised during the lifetime
of the Optionee only by the Optionee. The terms of this option shall be binding upon the executors, administrators, heirs, successors and
assigns of the Optionee.
8. TERMINATION OF EMPLOYMENT. Except as expressly provided in the Plan, this Option shall terminate 90 days following the
date of termination of employment and may be exercised during such 90-day period only to the extent vested and exercisable as of the date of
termination of employment.
9.
MISCELLANEOUS. This Option (a) shall be binding upon and inure to the benefit of any successor of the Company, (b) shall be
governed by the laws of the State of California, and any applicable laws of the United States, and (c) may not be amended except in writing.
The Plan is governed by and subject to U.S. law. Interpretation of the Plan and your rights under the Plan will be governed by provisions of
U.S. law. No contract or right of employment shall be implied by this Agreement, nor shall this Agreement in any way interfere with
Optionee’s right or the Company’s or, where applicable, a Subsidiary’s or Affiliated Company’s right to terminate Optionee’s employment at
any time.
10.
ACCEPTANCE OF OFFER OF OPTION. Unless you affirmatively refuse the offer of the option, in writing, within thirty (30) days
of the date of this offer, you will be deemed to have accepted the offer under the terms as provided above and agree that your participation in
the Plan is governed by the terms of the Plan document.
Exhibit 10.B.19
Purchase Agreement
Between Apple and Freescale
This Purchase Agreement is between Apple Computer, Inc., a California corporation, with offices at 1 Infinite Loop, Cupertino, CA 95014
(“Apple”) and Freescale Semiconductor, Inc., a Delaware corporation, with offices at 7700 West Parmer Lane, Austin, Texas (“Freescale”).
This Purchase Agreement is effective from August 10, 2005.
Purpose
Apple and Freescale have been discussing the pricing and other terms and conditions related to Apple’s purchase of Freescale MPUs. The
parties intend that this Purchase Agreement govern their relationship and all Purchase Orders for Freescale MPUs.
Agreement
Definitions
Capitalized terms are defined in Attachment 1.
Purchase and Supply
Freescale agrees to supply and Apple agrees to purchase (or have Authorized Purchasers purchase) MPUs as follows:
WIP Purchase Commitment
Apple or its Authorized Purchasers will purchase the WIP described in Attachment 3 in the manner described in Attachment 3. All WIP
Purchase Orders will be subject to the terms and conditions of this Purchase Agreement, including the terms set forth in Attachments 2
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5.