Common use of VALIDITY OF OFFER Clause in Contracts

VALIDITY OF OFFER. The validity of this Appendix will expire September 30, 2007, unless sooner executed by Licensee, or extended in writing by SAP. Accepted by: Accepted by: By: /s/ Xxxxxxx X. Xxxx By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Vice President Title: Chairman & CEO Date: 9/28/07 Date: 10/2/07 1. Name of Licensee or Affiliate where Designated Unit is located: _______________________________ 2. Designated Unit(s) to be identified by Licensee to SAP in writing. Type/Model No.: Serial No.: Location of Designated Unit: Telephone Number: Software Delivery Contact Person: 3. * Note: When Database is licensed from the vendor directly, insert P.O. Number , Invoice Number and Date Name Date Title (Licensee) This xxxx of materials is being attached for informational purposes only. Nothing in this xxxx of materials limits SAP’s development of Software enhancements to SAP ERP or new products which may at SAP’s sole discretion be licensed separately for additional license fees and this xxxx of materials is not a commitment that such functionality, in its current form, will be in future versions or releases of the software. For all Software licensed separately by SAP including but not limited to Optional Packages and Industry Specific Solutions, the parties agree to execute separate Appendices at mutually agreed upon pricing and terms. [ *241 ] [ *242 ] [ *243 ] [ *244 ] [ *245 ] This Appendix is hereby annexed to and made a part of the Agreement specified above. The following Articles and Provisions of the Agreement are specifically incorporated herein by reference: 1 (Definitions), 2 (License Grant), 4 (Price and Payment), 5 (Term), 6.1 (Protection of Proprietary Information), 7.2 (Express Disclaimer), 9 (Limitation of Liability), 10 (Assignment) and 11 (General Provisions). Unless stated otherwise herein, all other provisions of the Agreement are specifically excluded with respect to this Appendix. In each instance in which provisions of this Appendix contradict or are inconsistent with the incorporated provisions of the Agreement, the provisions of this Appendix shall prevail and govern.

VALIDITY OF OFFER. The validity of this Appendix will expire September 30, 2007, unless sooner executed by Licensee, or extended in writing by SAP. Accepted by: Accepted by: By: /s/ Xxxxxxx X. Xxxx By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Vice President Title: Chairman & CEO Date: 9/28/07 Date: 10/2/07 1. Name of Licensee or Affiliate where Designated Unit is located: _______________________________ 2. Designated Unit(s) to 10/2/07 * Shipping address must be identified by Licensee to SAP in writing. Type/Model No.: Serial No.: Location of Designated Unit: Telephone Number: Software Delivery Contact Person: 3. * Note: When Database is licensed from the vendor directlya street address, insert P.O. Number , Invoice Number and Date Name Date Title (Licensee) This xxxx of materials is being attached for informational purposes only. Nothing in this xxxx of materials limits SAP’s development of Software enhancements to SAP ERP or new products which may at SAP’s sole discretion be licensed separately for additional license fees and this xxxx of materials PO Box is not a commitment that such functionality, in its current form, will be in future versions or releases of the softwaresufficient. For all Software licensed separately by SAP including but not limited to Optional Packages and Industry Specific Solutions, the parties agree to execute separate Appendices at mutually agreed upon pricing and terms. [ *241 ] [ *242 ] [ *243 ] [ *244 ] [ *245 ] Products Licensed: This Appendix is hereby annexed to and made a part of the Agreement specified above. The following Articles and Provisions of the Agreement are specifically incorporated herein by reference: 1 (Definitions), 2 (License Grant), 4 (Price and Payment), 5 (Term), 6.1 (Protection of Proprietary Information), 7.2 (Express Disclaimer), 9 (Limitation of Liability), 10 (Assignment) and 11 (General Provisions). Unless stated otherwise herein, all other provisions of the Agreement are specifically excluded with respect to this Appendix. In each instance in which provisions of this Appendix contradict or are inconsistent with the incorporated provisions of the Agreement, the provisions of this Appendix shall prevail and govern.

VALIDITY OF OFFER. The validity of this Appendix will expire September 30December 1, 20072004, unless sooner executed by Licensee, or extended in writing by SAP. Accepted by: Accepted by: SAP America, Inc. (SAP) Warnaco Inc. (Licensee) By: /s/ Xxxxxxx Xxxxxx X. Xx Xxxx By: /s/ Xxxxxxx Xxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxxxxxxx Xxxxxxxx Title: Vice President Title: Chairman & CEO Vice President, General Counsel and Secretary Date: 9/28/07 12/1/04 Date: 10/2/0712/1/04 1. Name of Licensee or Affiliate Subsidiary where Designated Unit is located: _______________________________ 2. Designated Unit(s) to be identified by Licensee to SAP in writing. Type/Model No.: __________________________________ Serial No.: __________________________________ Location of Designated Unit: __________________________________ __________________________________ Telephone Number: __________________________________ Software Delivery Contact Person: __________________________________ 3. * Note: When Database is licensed from the vendor directly, insert P.O. Number Number___________, Invoice Number _________ and Date ____________ Name Date Title (Licensee) This xxxx of materials is being attached for informational purposes only. Nothing in this xxxx of materials limits SAP’s development of Software enhancements to SAP ERP or new products which may at SAP’s sole discretion be licensed separately for additional license fees and this xxxx of materials is not a commitment that such functionality, in its current form, will be in future versions or releases of the software. For all Software licensed separately by SAP including but not limited to Optional Packages and Industry Specific Solutions, the parties agree to execute separate Appendices at mutually agreed upon pricing and terms. [ *241 ] [ *242 ] [ *243 ] [ *244 ] [ *245 ] * This Appendix is hereby annexed to and made a part of the Agreement specified above. The following Articles and Provisions of the Agreement are specifically incorporated herein by reference: 1 (Definitions), 2 (License Grant), 4 (Price and Payment), 5 (TermTerm and Termination), 6.1 (Protection of Proprietary Information), 7.2 7.3 (Express Disclaimer), 9 (Limitation of Liability), 10 (Assignment) and 11 (General Provisions). Unless stated otherwise herein, all other provisions of the Agreement are specifically excluded with respect to this Appendix. In each instance in which provisions of this Appendix contradict or are inconsistent with the incorporated provisions of the Agreement, the provisions of this Appendix shall prevail and govern.

VALIDITY OF OFFER. The validity of this Appendix will expire September 30, 2007, unless sooner executed by Licensee, or extended in writing by SAP. Accepted by: Accepted by: By: /s/ Xxxxxxx X. Xxxx By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Vice President Title: Chairman & CEO Date: 9/28/07 Date: 10/2/07 1. Name of 10/2/07 Licensee or Affiliate where Designated Unit is locatedName: _______________________________ 2. Designated Unit(sLicensee Software Recipient (“LSR”) to be identified by Licensee to SAP in writing. Type/Model No.Name: Serial No.: Location of Designated Unit: Telephone LSR Phone Number: Software LSR Fax Number: LSR e-mail Address: LSR Address/server location: (must match address shown in Delivery Contact Person: 3Section (4) of this Appendix). * Note: When Database is licensed from the vendor directly, insert P.O. Number , Invoice Number and Date Name Date Title (Licensee) This xxxx of materials is being attached for informational purposes only. Nothing in this xxxx of materials limits SAP’s development of Software enhancements to SAP ERP or new products which may at SAP’s sole discretion be licensed separately for additional license fees and this xxxx of materials is not a commitment that such functionality, in its current form, will be in future versions or releases of the software. For all Software licensed separately by SAP including but not limited to Optional Packages and Industry Specific Solutions, the parties agree to execute separate Appendices at mutually agreed upon pricing and terms. [ *241 ] [ *242 ] [ *243 ] [ *244 ] [ *245 ] This Appendix is hereby annexed to and made a part of the Agreement specified above. The following Articles and Provisions of the Agreement are specifically incorporated herein by reference: 1 (Definitions), 2 (License Grant), 4 (Price and Payment), 5 (Term), 6.1 (Protection of Proprietary Information), 7.2 (Express Disclaimer), 9 (Limitation of Liability), 10 (Assignment) and 11 (General Provisions). Unless stated otherwise herein, all other provisions of the Agreement are specifically excluded with respect to this Appendix. In each instance in which provisions of this Appendix contradict or are inconsistent with the incorporated provisions of the Agreement, the provisions of this Appendix shall prevail and govern.

VALIDITY OF OFFER. The validity of this Appendix will expire September 30, 2007, unless sooner executed by Licensee, or extended in writing by SAP. Accepted by: Accepted by: By: /s/ Xxxxxxx X. Xxxx By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Vice President Title: Chairman & CEO Date: 9/28/07 Date: 10/2/07 1. Name of Licensee or Affiliate where Designated Unit is located: _______________________________ 2. Designated Unit(s) to be identified by Licensee to SAP in writing. Type/Model No.: Serial No.: Location of Designated Unit: Telephone Number: Software Delivery Contact Person: 3. Oracle * Note: When Database is licensed from the vendor directly, insert P.O. Number , Invoice Number and Date Name Date Title (Licensee) This xxxx of materials is being attached for informational purposes only. Nothing in this xxxx of materials limits SAP’s development of Software enhancements to SAP ERP or new products which may at SAP’s sole discretion be licensed separately for additional license fees and this xxxx of materials is not a commitment that such functionality, in its current form, will be in future versions or releases of the software. For all Software licensed separately by SAP including but not limited to Optional Packages and Industry Specific Solutions, the parties agree to execute separate Appendices at mutually agreed upon pricing and terms. [ *241 ] [ *242 ] [ *243 ] [ *244 ] [ *245 ] This Appendix is hereby annexed to and made a part of the Agreement specified above. The following Articles and Provisions of the Agreement are specifically incorporated herein by reference: 1 (Definitions), 2 (License Grant), 4 (Price and Payment), 5 (Term), 6.1 (Protection of Proprietary Information), 7.2 (Express Disclaimer), 9 (Limitation of Liability), 10 (Assignment) and 11 (General Provisions). Unless stated otherwise herein, all other provisions of the Agreement are specifically excluded with respect to this Appendix. In each instance in which provisions of this Appendix contradict or are inconsistent with the incorporated provisions of the Agreement, the provisions of this Appendix shall prevail and govern.