This excerpt taken from the GPS 10-Q filed Jun 9, 2009.
Exhibit D.18 Refresh Schedule
First Amended and Restated Master Services Agreement
March 2, 2009
This document contains confidential and proprietary information of The Gap, Inc. and IBM. Except with the express prior written permission of The Gap, Inc. and IBM, this document and the information contained herein may not be published, disclosed, or used for any other purpose.
1.1 Refresh Schedule. This Exhibit D.18 (Refresh Schedule) of the Amended and Restated Master Services Agreement dated as of March 2, 2009 between Gap and Supplier (the Agreement) describes the Parties responsibilities with respect to Equipment refresh.
The Refresh Cycle below describes the frequency of Gaps refresh schedule by device type. Gaps failure to refresh pursuant to the schedule in this Exhibit D.18 will not be considered a material breach of the Agreement.
The Refresh Cycle below describes the frequency of Gaps refresh obligations by device type. Gaps failure to refresh pursuant to the schedule in this Exhibit D.18 will not be considered a material breach of the Agreement.
3.1. The Gap Refresh Cycle for Workstations, Warehouse and POS Devices and PDAs represents Gaps financial responsibility for the cost of the refreshed equipment, which includes the purchase of a * on-site warranty and is preloaded with the Golden Image.
3.2. Supplier will provide (i) installation support for the Gap refreshed equipment, excluding handsets, as detailed in Exhibit A.4 (End User Support Services) of the Agreement; and (ii) ongoing IT Support for all Gap refreshed equipment.
3.3. Gap Workstations will normally follow a * refresh cycle. However, Gap retains the flexibility to not refresh workstations. Workstations falling off warranty support will move to the Off-warranty baseline where * hardware maintenance charges are taken into account. If Gap deems necessary, workstations may also fall off both warranty and hardware maintenance and Supplier will handle hardware break/fix under Time & Materials. Workstation support will be provided as described in Exhibit A.4 (End User Support Services) of the Agreement.