Apple (AAPL)

4.1           The Authorized Purchaser or Designee is responsible for all freight and duty charges from IBM’s shipping location.  Title and risk of loss will pass to the Authorized Purchaser or Designee upon tender to the carrier for shipment to such Authorized Purchaser or Designee.

4.2           In the event that IBM and Apple enter into an agreement to provide just-in-time delivery of Product utilizing hub locations, such agreement will be set forth in a separate written agreement as an attachment to this Agreement and signed by each party.

4.3           If IBM or its Plant foresees any supply constraint with respect to an accepted Purchase Order, IBM will provide prompt notice to Apple and, if the Purchase Order was placed by someone other than Apple, to the Authorized Purchaser or Designee who placed the Purchase Order.  Apple and IBM will then discuss likely shipment recovery plans, and if they are unable to do so to Apple’s satisfaction, the parties will immediately escalate the issue to the IBM and Apple executives designated for such purpose pursuant to Section 21.2 and the parties will use reasonable efforts to promptly resolve the discrepancy.  If IBM’s supply of the Product and / or

[**] = information redacted pursuant to a confidential treatment request.  Such omitted information has been filed separately with the Securities and Exchange Commission.

Services ordered by Authorized Purchasers or Designees and accepted by IBM hereunder becomes constrained [**] IBM may reduce the quantities of Products and / or Services to be supplied to Authorized Purchasers or Designees [**].

4.4           If IBM or its Plant foresees any delivery delay with respect to an accepted Purchase Order, IBM will provide prompt notice to Apple and, if the Purchase Order was placed by someone other than Apple, to the Authorized Purchaser or Designee who placed the Purchase Order.  Apple and IBM will then discuss likely shipment recovery plans, and if they are unable to do so to Apple’s satisfaction, the parties will immediately escalate the issue to the IBM and Apple executives designated for such purpose pursuant to Section 21.2 and the parties will use reasonable efforts to promptly resolve the delay. [**]

5.0          

4.1           The
Authorized Purchaser or Designee is responsible for all freight and duty
charges from IBM’s shipping location. 
Title and risk of loss will pass to the Authorized Purchaser or Designee
upon tender to the carrier for shipment to such Authorized Purchaser or
Designee.

4.2           In
the event that IBM and Apple enter into an agreement to provide just-in-time
delivery of Product utilizing hub locations, such agreement will be set forth
in a separate written agreement as an attachment to this Agreement and signed
by each party.

4.3           If
IBM or its Plant foresees any supply constraint with respect to an accepted
Purchase Order, IBM will provide prompt notice to Apple and, if the Purchase
Order was placed by someone other than Apple, to the Authorized Purchaser or
Designee who placed the Purchase Order. 
Apple and IBM will then discuss likely shipment recovery plans, and if
they are unable to do so to Apple’s satisfaction, the parties will immediately
escalate the issue to the IBM and Apple executives designated for such purpose
pursuant to Section 21.2 and the parties will use reasonable efforts to
promptly resolve the discrepancy.  If
IBM’s supply of the Product and / or

[**] = information
redacted pursuant to a confidential treatment request.  Such omitted information has been filed
separately with the Securities and Exchange Commission.

Services ordered by Authorized Purchasers or Designees
and accepted by IBM hereunder becomes constrained [**] IBM may reduce the
quantities of Products and / or Services to be supplied to Authorized
Purchasers or Designees [**].

4.4           If
IBM or its Plant foresees any delivery delay with respect to an accepted
Purchase Order, IBM will provide prompt notice to Apple and, if the Purchase
Order was placed by someone other than Apple, to the Authorized Purchaser or
Designee who placed the Purchase Order. 
Apple and IBM will then discuss likely shipment recovery plans, and if
they are unable to do so to Apple’s satisfaction, the parties will immediately
escalate the issue to the IBM and Apple executives designated for such purpose
pursuant to Section 21.2 and the parties will use reasonable efforts to
promptly resolve the delay. [**]

5.0