Common use of Non-IBM Branded Machines Clause in Contracts

Non-IBM Branded Machines. Supplier’s provision of the Maintenance Services for Covered Machines that are Non-IBM Branded Machines shall be subject to the following: (a) Repair of Non-IBM Branded Machines is subject to the availability of repair parts and any technical support required of the OEM. If repair parts or OEM technical support become generally unavailable from the OEM for any type of Non-IBM Branded Machine that is a Covered Machine, Supplier shall so notify Gap and will use commercially reasonable efforts to provide the Maintenance Services in respect of that Covered Machine type for * after the date of such notification to Gap. Supplier shall be excused from any failure to meet Service Levels applicable to the performance of such Maintenance Services during the * period where Supplier can establish to Gap’s reasonable satisfaction that Supplier’s failure to meet the applicable Service Level was attributable to the general unavailability of repair parts or technical support required of the OEM and is not the result of Supplier’s failure to enter into appropriate agreements for such support with the OEM. The Parties agree that commercially reasonable efforts may be insufficient to accomplish a repair in the absence of such repair parts or OEM technical support; (b) Gap will comply with the OEM’s guidelines for Non-IBM Branded Machines pertaining to operator responsibilities, user maintenance procedures and supplies prior to placing a Service Request where reasonable and practical under the circumstances. Gap will also comply with such Supplier guidelines for Non-IBM Branded Machines where mutually agreed; (c) Supplier will provide preventative maintenance for Non-IBM Branded Machines where prescribed by the Covered Machine’s OEM in the OEM’s documentation for the Covered Machine; (d) Where Supplier is responsible for maintenance of a Non-IBM Branded Machine, and IBM has an agreement with the OEM that IBM is allowed to provide warranty service, Supplier shall coordinate with and manage the provision of any warranty service from the OEM; and (e) Supplier shall provide reasonable cooperation with third parties providing maintenance or warranty services for non-Covered Machines. __________________________ *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.a – European Stores Maintenance Services SOW Gap Confidential and Proprietary Information

Non-IBM Branded Machines. Supplier’s provision of the Maintenance Services for Covered Machines that are Non-IBM Branded Machines shall be subject to the following: (a) a. Repair of Non-IBM Branded Machines is subject to the availability of repair parts and any technical support required of the OEM. If repair parts or OEM technical support become generally unavailable from the OEM for any type of Non-IBM Branded Machine that is a Covered Machine, Supplier shall so notify Gap and will use commercially reasonable efforts to provide the Maintenance Services in respect of that Covered Machine type for * after the date of such notification to Gap. Supplier shall be excused from any failure to meet Service Levels applicable to the performance of such Maintenance Services during the * period where Supplier can establish to Gap’s reasonable satisfaction that Supplier’s failure to meet the applicable Service Level was attributable to the general unavailability of repair parts or technical support required of the OEM and is not the result of Supplier’s failure to enter into appropriate agreements for such support with the OEM. The Parties agree that commercially reasonable efforts may be insufficient to accomplish a repair in the absence of such repair parts or OEM technical support; (b) b. Gap will comply with the OEM’s guidelines for Non-IBM Branded Machines pertaining to operator responsibilities, user maintenance procedures and supplies prior to placing a Service Request where reasonable and practical under the circumstances. Gap will also comply with such Supplier guidelines for Non-IBM Branded Machines where mutually agreed; (c) c. Supplier will provide preventative maintenance for Non-IBM Branded Machines where prescribed by the Covered Machine’s OEM in the OEM’s documentation for the Covered Machine; (d) d. Where Supplier is responsible for maintenance of a Non-IBM Branded Machine, and IBM has an agreement with the OEM that IBM is allowed to provide warranty service, Supplier shall coordinate with and manage the provision of any warranty service from the OEM; and (e) Supplier shall provide reasonable cooperation with third parties providing maintenance or warranty services for non-Covered Machines. __________________________ *and * 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. e. Supplier shall provide reasonable cooperation with third parties providing maintenance or warranty services for non-Covered Machines. Exhibit A.3.a – European Stores Maintenance Services SOW With respect to the *, IBM will pass back to Gap Confidential and Proprietary Informationas a * on the appropriate * any manufacture’s * respective to hardware maintenance services, received by IBM while the Covered Machine is under warranty.

Non-IBM Branded Machines. SupplierIBM’s provision of the Maintenance Services for Covered Machines that are Non-IBM Branded Machines shall be subject to the following: (a) Repair of Non-IBM Branded Machines is subject to the availability of repair parts and any technical support required of the OEM. If repair parts or OEM technical support become generally unavailable from the OEM for any type of Non-IBM Branded Machine that is a Covered Machine, Supplier IBM shall so notify Gap and will use commercially reasonable efforts to provide the Maintenance Services in respect of that Covered Machine type for * after the date of such notification to Gap. Supplier IBM shall be excused from any failure to meet Service Levels applicable to the performance of such Maintenance Services during the * period where Supplier IBM can establish to Gap’s reasonable satisfaction that SupplierIBM’s failure to meet the applicable Service Level was attributable to the general unavailability of repair parts or technical support required of the OEM and is not the result of Supplier’s failure to enter into appropriate agreements for such support with the OEM. The Parties agree that commercially reasonable efforts may be insufficient to accomplish a repair in the absence of such repair parts or OEM technical support; (b) Gap will comply with the OEM’s guidelines for Non-IBM Branded Machines pertaining to operator responsibilities, user maintenance procedures and supplies prior to placing a Service Request where reasonable and practical under the circumstances. Gap will also comply with such Supplier IBM guidelines for Non-IBM Branded Machines where mutually agreed;; * 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. (c) Supplier IBM will provide preventative maintenance for Non-IBM Branded Machines where prescribed by the Covered Machine’s OEM in the OEM’s documentation for the Covered Machine; (d) Where Supplier IBM is responsible for maintenance of a Non-IBM Branded Machine, and IBM has an agreement with the OEM that IBM is allowed to provide warranty service, Supplier IBM shall coordinate with and manage the provision of any warranty service from the OEM; and (e) Supplier IBM shall provide reasonable cooperation with third parties Parties providing maintenance or warranty services for all non-Covered Machines. __________________________ *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.a – European Stores Maintenance Services SOW Gap Confidential and Proprietary Information.