This excerpt taken from the GPS 10-K filed Mar 28, 2006.
This Exhibit A.3 (Store Services Statement of Work) to the Agreement (this Statement of Work) sets forth the minimal store services that Supplier shall provide as of the Initiation Date, including services to provide (1) Point of Sale (POS) Services and (2) LRT Services to Gaps Stores (collectively described as the Store Services). The Store Services described herein apply generally to all Services provided by Supplier to Gap pursuant to the Agreement and shall be provided utilizing Suppliers best practices. With respect to the Store Services, Supplier will also perform all activities and requirements as specified in Exhibit A.2 (Cross Functional Services).
Supplier shall provide information on the Services using a media that is efficient, easy to use, and easily accessible by Gap Authorized Users and subject to Approval by Gap. Gap expects that Supplier will bring value to areas in addition to those identified in the Agreement and this Statement of Work. Supplier should describe any unique capabilities it possesses for assisting Gap in achieving additional improvements and describe how it would make such capabilities available to Gap.
Unless otherwise provided, references to Sections will be to Sections of this Statement of Work and references to Exhibits will be to Exhibits of the Agreement. The section headings in this Statement of Work are for reference purposes only and will not affect in any way the meaning or interpretation of this Statement of Work.
Supplier shall provide the Services as required to meet or exceed the Service Levels in Exhibit B.1 (Service Level Matrix). Supplier (i) has responsibility for the performance of the Services detailed in this Statement of Work; and (ii) shall be held responsible for the performance of the Services without regard to the use by Supplier of third-party products or suppliers. All changes to this Statement of Work will be mutually agreed to by the Gap and Supplier and implemented and managed using the Change Control Procedures.
Except as otherwise expressly provided herein, or unless the context clearly requires otherwise, capitalized terms used in this Statement of Work shall have the meanings set forth below. Capitalized terms used in this Statement of Work but not otherwise defined in this Statement of Work shall have the meanings ascribed to them in Exhibit A.1 (Glossary to Statements of Work).
Agreement means the Master Services Agreement dated as of the Reference Date between Gap and Supplier.
POS means point of sale.
Store Equipment means that Equipment upon which POS Services are performed by Supplier as specified in Exhibit D.16 (Gap Equipment).
Store Help Desk means the Gap-retained Help Desk which is the primary point of contact for Authorized Users regarding Store-related Services.
Store Locations means those Gap locations with Store Equipment as specified in Exhibit D.17 (Gap Sites).
Store Server has the meaning set forth in Section III(b)(1).
Store Workstation has the meaning set forth in Section III(b)(2).
Supplier shall perform the Services in accordance with the terms of this Statement of Work:
Supplier shall perform the LRT Services in accordance with the services description in Attachment B of this Statement of Work, and covered Equipment lists in Exhibit D.16 (Gap Equipment). Such services at the discretion and mutual agreement between Supplier and Gap can be provided by other Suppliers in addition to or supplementing Symbol.
Except as otherwise agreed by the parties under this Agreement, Gap will be responsible for the items listed in the sections referenced below. Subject to Section 17.2 (Interfering Acts) of the Agreement, nothing in this Section V (Gap Responsibilities) shall relieve Supplier of its obligations under this Statement of Work or the Agreement. With respect to the items and access provided by Gap, as set forth in this Section and the relevant sections referenced below, Supplier shall use commercially reasonable efforts to utilize such items and access to such systems only to the extent necessary for, and only in the performance of Services under this Statement of Work.
Gap shall be responsible for the Retained Responsibilities provided in Section 4 (Gap Retained Responsibilities) of Attachment A (Store POS and Network Equipment Maintenance (United States)) to this Statement of Work and Section B (Depot Services, Gap Responsibilities) of Attachment B (LRT and Access Point Product and Services) to this Statement of Work, respectively.