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This excerpt taken from the GPS 10-Q filed Jun 9, 2009. 12. Communications Systems and Access to Information Supplier understands that Supplier may receive access to Gaps computers and electronic communications systems, including voicemail, email, customer databases, and internet and intranet systems (for purposes of this paragraph, systems). Such systems are intended for legitimate business use related to Gaps business. Supplier acknowledges that Supplier does not have any expectation of privacy as between Supplier and Gap in the use of or access to Gaps systems and that all communications made with such systems by or on behalf of Supplier are subject to Gaps scrutiny, use and disclosure (subject to the protections of Proprietary or Confidential Information herein), in Gaps sole discretion. Gap reserves the right, for business purposes, to monitor, review, audit, interpret, access, archive and/or disclose (subject to the protections of Proprietary or Confidential Information herein) materials sent over, received by or from, or stored in any of its systems. This includes, without limitation, email communications sent by users across the internet and intranet from and to any and all domain names maintained by Gap. Gap reserves the right to override any security passwords to obtain access to Gaps Systems. Subject to the Policy and Procedures Manual provisions regarding coordination of investigations set forth in Exhibit D.1 (Gap Policies and Procedures), Supplier also acknowledges that Gap reserves the right, for legitimate business purposes related to investigations of wrongful use of Gaps systems, to search all work areas at Gap Sites (for example, offices, cubicles, desks, drawers, cabinets, computers, computer disks and files), or in cooperation with Supplier and subject to Suppliers consent, at Suppliers sites, and all personal items brought onto Gap property. |
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