GPS » Topics » Exhibit D.18 - Refresh Schedule

This excerpt taken from the GPS 10-Q filed Jun 9, 2009.

Exhibit D.18 – Refresh Schedule

to

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the express prior written permission of The Gap, Inc. and IBM, this document and the information contained herein may not be published, disclosed, or used for any other purpose.

 

Exhibit D.18   Gap/IBM Confidential and Proprietery Information   


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1. GENERAL

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.

 

2. GAP REFRESH CYCLE – SERVERS, STORAGE AND NETWORK

The Refresh Cycle below describes the frequency of Gap’s refresh schedule by device type. Gap’s failure to refresh pursuant to the schedule in this Exhibit D.18 will not be considered a material breach of the Agreement.

 

Device Type

  

Refresh Cycle

Mainframe    *

Midrange

*

(includes all internal server system components)

   *

Midrange

*

(includes all internal server system components)

   *

Storage

*

   *

Stores Data Network

*

   *

Non-Store Data Networks

*

   *

 

 

* Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

 

Exhibit D.18    Gap/IBM Confidential and Proprietary Information    Page 2 of 3


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3. GAP REFRESH CYCLE – WORKSTATIONS, DEVICES AND PDAS

The Refresh Cycle below describes the frequency of Gap’s refresh obligations by device type. Gap’s failure to refresh pursuant to the schedule in this Exhibit D.18 will not be considered a material breach of the Agreement.

 

Warehouse Devices    *
Workstations    *
POS Devices    *
PDAs    *

3.1. The Gap Refresh Cycle for Workstations, Warehouse and POS Devices and PDAs represents Gap’s 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.

 

 

* Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

 

Exhibit D.18    Gap/IBM Confidential and Proprietary Information    Page 3 of 3


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