Amendment to the Authorized Wholesaler U.S. Sales Agreement
This Amendment to the Authorized Apple Wholesale U.S. Sales Agreement
("Agreement") amends the Authorized Apple Wholesaler U.S. Sales Agreement
("Agreement") entered into between Apple Computer, Inc. ("Apple") and
________________________ ("Wholesaler") in Cupertino, CA on _________________
19__.
The parties agree to amend the Agreement as follows;
1. Add Section 3D to the Agreement as is below:
"D. Wholesaler will purchase Products only from Apple as covered by the
terms and conditions herein, unless otherwise authorized by Apple."
2. Section 3C(9) is added to the Agreement as follows:
"(9) Wholesaler will review and use commercially reasonable efforts to
perform any remediation necessary for Wholesaler to continue to perform
its obligations under this Agreement after January 1, 2000."
3. The first sentence of Section 7B(2), "Wholesaler understands that Apple
does not sell software." is removed.
4. Section 12E(1) is amended by adding the following sentence at the end of
the section:
"If Apple does not purchase Product remaining in Wholesaler's inventory,
Wholesaler may sell the Product solely to an Authorized Apple Reseller or
to an Authorized Apple Wholesaler subject to Apple's approval."
5. All other terms and conditions of the Agreement shall remain unchanged and
in full force and effect. Where there are conflicts between the Agreement
and this Amendment, this Amendment will prevail.
Thne parties execute this Amendment through their authorized representatives as
of the dates set forth below.
Wholesaler Apple Computer, Inc.
SIGNATURE:___________________________ SIGNATURE:___________________________
PRINT NAME:__________________________ PRINT NAME:__________________________
TITLE:_______________________________ TITLE:_______________________________
DATE:________________________________ DEPT.: Bids & Contracts Management
EFFECTIVE DATE:______________________
