Apple (AAPL)

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.”

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.”