Apple 2005 Annual Report Download - page 142

Download and view the complete annual report

Please find page 142 of the 2005 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 152

  • 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

A party may change its address by giving the other written notice as described above.
Severability
If a court of competent jurisdiction holds that any provision of this Purchase Agreement is invalid or unenforceable, the remaining provisions
will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision
that achieves the original intent and economic effect of the Purchase Agreement.
Waiver and Construction
Failure to enforce any provision of this Purchase Agreement will not be deemed a waiver of future enforcement of that or any other provision.
Section headings are for convenience only and are not to be considered in construing or interpreting this Purchase Agreement. References to
“Pages,” “Sections,” and “Attachments” are references to pages and sections of and attachments to this Purchase Agreement. The word
“herein” and words of similar meaning refer to this Purchase Agreement in its entirety and not to any particular Section or provision. The word
“party” means a party to this Purchase Agreement and the phrase “third party” means any person, partnership, corporation, or other entity not a
party to this Purchase Agreement. The words “agrees to”, “will” and “shall” are used in a mandatory, not a permissive, sense, and the word
“including” is intended to be exemplary, not exhaustive, and will be deemed followed by “without limitation.”
Entire Agreement
This Purchase Agreement, including any Attachments and any other documents referenced herein, all of which are incorporated herein by
reference, constitute the entire understanding and agreement of the parties, whether written or oral, with respect to the subject matter of this
Purchase Agreement and supersede all prior and contemporaneous agreements or understandings between the parties with respect such subject
matter with the express exception of the parties’ previously executed nondisclosure agreements. Any different or additional terms and
conditions in a Purchase Order (other than the quantity and ship to location), purchase order acknowledgment, on a web site, or otherwise, will
be of no force or effect and will not become part of this Purchase Agreement unless accepted in a written amendment signed by both parties.
Amendments
This Purchase Agreement may not be amended or modified except by a written amendment signed by authorized signatories of both parties. To
the extent any terms and conditions of the Purchase Agreement conflict with the terms and conditions of any invoice, Purchase Order or
purchase order acknowledgment, the terms and conditions in the Purchase Agreement will control.
Counterparts
This Purchase Agreement may be executed in one or more counterparts, each of which will be deemed an original, but which collectively will
constitute one and the same instrument.
Acknowledged and agreed by their duly authorized representatives:
4
Apple Computer, Inc.
Freescale Semiconductor, Inc.
By:
/s/ Sabih Khan
By:
/s/ David Perkins
Title:
VP Operations
Title:
SVP & GM, NCSG
Date:
August 22, 2005
Date:
August 22, 2005