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This excerpt taken from the GPS 10-Q filed Jun 9, 2009. 40.1 Defined As used in this Agreement, an Extraordinary Event shall mean a circumstance in which an event or discrete set of events has occurred or is planned with respect to the business of Gap that results or will result in a change in the scope, nature or volume of the Services that Gap will require from Supplier, and which is expected to increase or decrease Gaps utilization of any billable Resource Unit by * or more, and such changes persist or are expected to continue for * or more months. Examples of the kinds of events that might cause such substantial increases or decreases include: A. changes in locations where Gap operates, including plant closures; B. changes in products of, or in markets served by, Gap; C. mergers, acquisitions or divestitures by Gap;
Gap Confidential and Proprietary Information 99
D. changes in the method of service delivery; E. changes in market priorities or market conditions; or F. changes in the number of business units being serviced by Supplier that were not anticipated as of the Reference Date. |
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