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GPS » Topics » II. OPERATING PRINCIPLES AND OBJECTIVES

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

II. OPERATING PRINCIPLES AND OBJECTIVES

Supplier shall perform the Store Services in accordance with the terms of this Statement of Work:

 

  a) Supplier shall be responsible for the Store Services described herein at Covered Locations as provided as of the Initiation Date or as of the date agreed for any changes to this Statement of Work.

 

  b) Precedence of obligations: The Parties acknowledge that certain obligations may be set forth in both this Statement of Work and elsewhere in the Agreement, and that in the event of a conflict, such conflict shall be resolved in accordance with Section 46.1 of the Agreement.

 

  c) If in Supplier’s provisioning of the Store Services under this Statement of Work, Gap is provided * or * owned by or licensed from (i) a Third Party Vendor, including Non-IBM Branded Machines or (ii) by Supplier, Supplier shall hereby grant to Gap (or has secured for Gap from such Third Party Vendor) a *. Supplier shall ensure that Gap has the * such * or * to execute and use the Store Services and * as specified herein and in 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 A.3.1    Gap/IBM Confidential and Proprietary Information    Page 3

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