Common use of ENDING THE ATTACHMENT Clause in Contracts

ENDING THE ATTACHMENT. This Attachment ends the earlier of 1) its termination or 2) December 1, 1994. When this Attachment ends, any Addendum under it will also end. Either of us may terminate this Attachment, with or without cause, on one month's written notice. We may terminate this Attachment at any time if you materially breach any of its terms. IBM BUSINESS PARTNER AGREEMENT - REMARKETER MANAGING INDUSTRY REMARKETER - SCHEDULE A -------------------------------------------------------------------------------- These terms are in addition to those of the Industry Remarketer and Dealer Exhibits and prevail over them. We may change these terms by giving you written notice. These discount schedules apply to specific Products as identified in the IBM Industry Remarketer Exhibit (Z125-4096). Those RISC System/6000, AS/400, IBM Point of Sale Products, and Network Integration Products identified with an "A" in the MIR column of the Industry Remarketer Exhibit are available to you at the discounts described below. 1. RISC SYSTEM/6000 AND AS/400 DISCOUNT SCHEDULES A. RISC SYSTEM/6000 PRODUCTS ------------------------- 1) Included in Category A of the Industry Remarketer Exhibit; Annual Revenue Discount Base Entry-$9.99M [*]% $10.0-14.99M [*]% $15.0-19.99M [*]% $20M + [*]% Includes Field Installed Features and Model Conversions. Includes Software and 1/0. RISC System/6000 Software Group to Group Upgrades, where available, are eligible for the same discount as the base license they are upgrading. 2) Not included in the Industry Remarketer Exhibit. - RISC System/6000 Machine Type 7020 Model 40P discount is [*]% (Dealer Exhibit terms and conditions). - Managing Industry remarketers (MIRs) currently approved for the IBM RISC System/6000 are authorized to market the IBM 7586 Model 43P Industrial Computer to their Industry Remarketer Affiliates. 7586 Model 43P is subject to standard Industrial Computer discounts. Contact an IBM representative for the * Redacted pursuant to application for confidential treatment. applicable discounts. The following remarketer information applies for the 7586 Model 43P. - Price Reduction Category: 5 - Inventory Adjustment Category: 6 - Annual System Revenue Performance applies. - The product is a customer setup machine. - The product does not contain licensed internal code. Please refer to IBM announcement letter, 595-104, dated 10/31/95, for complete terms and information on this product. 7573 Model 001 and 7574 Model 001 Industrial Graphics Displays. These Products are eligible for the RISC System/6000 Products discount grid, listed in this Schedule, that applies to Category A Products of the Industry Remarketer Exhibit. The following Remarketer information applies for these Products: - Price Reduction Category: 5 - Inventory Adjustment Category: 6 - Annual System Revenue Performance applies - The Product is a customer setup machine. - The Product does not contain licensed internal code. B. AS/400 PRODUCTS --------------- INCLUDED IN CATEGORY B OF THE INDUSTRY REMARKETER EXHIBIT Machine Type Discount 9401/P03 [*]% 9402 [*]% (9402 Model 236 new machine orders are available at a 30% discount). 9404 [*]% (9404/3XX Models available on an exception basis only) 9406 [*]% . AS/400 Field Installed Features and Model Conversions for AS/400 Machine Types 9401/9402/9404/9406: [*]% . AS/400 Software and I/O Products: [*]% - Field Installed Features and Models Conversion for AS/400 I/O Products: [*]% - ASI400 Software Group to Group Upgrades, where available, are eligible for the same discount as the base license being upgraded. * Redacted pursuant to application for confidential treatment. C. EXCEPTIONS ---------- The following exclusions and maximums apply and prevail over the Discount Schedules above: CATEGORY A ---------- The discount for RISC System/6000 Machine Type 7248 (all models), as well as Model Conversions for Machine Type 7248, is [*]%. Discount Caps Maximum discount 5765-496 = [*]% 5775-526 = [*]% 5601-263 = [*]% (Processor Category D5, 1-2 User Tier Only) 5621-027 = [*]% 5765-083 = [*]% 7010 = [*]% (Models 140, 150, and 160 are available at a single discount of [*]% and may be marketed independent of the standard Value-Added Enhancement requirement. Orders for field installed features and model upgrades are available at the discounts described in the Annual Revenue table of Schedule A. CATEGORY A1 - Architecture and Engineering Series Programs and CAD/CAM ----------- Programs These licensed programs may only be marketed to those IBM Industry Remarketer Affiliates who have been approved for those Products as their Approved Value-Added Enhancement. The following Licensed Programs are available at a [*]% discount: 5696-054 5696-055 5696-057 5696-060 5696-061 5697-186 CATEGORY B ---------- The IBM 9337 is available at a [*]% discount for new machine orders. CATEGORY B1 ----------- The following Licensed Programs are available at a [*]% discount: * Redacted pursuant to application for confidential treatment. Page 3 of 12 5696-024 5696-025 5696-026 5696-027 5696-029 5696-030 5696-034 5733-CLS 5733-CSB 5733-CSC 5733-CSR 5733-CSS 5733-CS5 5733-CS7 5733-CS9 5733-055 5733-056 5738-FNT 5738-FS1 5738-0S1 The following Licensed Programs are available at a [*]% discount: 5696-006 The following Licensed Programs are available at a [*]% discount: 5620-ABL CATEGORY G1 ----------- 7526, 7526 discount = [*]% CATEGORY M ---------- The following Licensed Programs are available at a [*]% discount: 5696-237 5896-238 5696-239 5696-240 5696-347 5765-117 5765-118 5765-119 5765-121 5765-148 5765-152 5765-532 5765-533 5765-534 5765-537 5765-538 5765-540 The following Licensed Programs are available al a [*]% discount: 5601-260 5696-108 5696-236 5765-316 The following Licensed Programs are available at a [*]% discount: 5765-191 5765-192 5765-193 5765-263 5765-337 5765-338 5765-339 5765-340 5765-341 5765-342 5765-347 5765-348 5765 440 5765 441 5765-442 5765 443 5765-605 5765-606 5765-607 The following Licensed Programs are available at a [*]% discount: 5765-527 CATEGORY X ---------- Products included in this category are available for marketing by both AS/400 and RISC System/6000 Remarketers. The following Licensed Programs are available at a [*]% discount: 5621-159 5622-275 5622-276 The following Licensed Programs are available at a [*]% discount: * Redacted pursuant to application for confidential treatment. Page 4 of 12 5798-RZB D. PRINTERS FROM THE IBM PRINTING SYSTEMS COMPANY ---------------------------------------------- The printers from the IBM Printing Systems Company may be marketed without the standard Value-Added Enhancement requirement, and are available via the IBM Printing Systems Company Remarketer Exhibit, for reference purposes, available Products are listed in Category L of the Industry Remarketer Exhibit. These printers are available at a [*]% discount, with the following exceptions: 3930/03D, 03S = [*]% 4232/302 = [*]% 42471A00 = [*]% 6252/P08, P12 = [*]% 6400/004 = [*]% 6408/A00 = [*]% ▇▇▇▇/▇▇▇, ▇▇▇, ▇▇▇ = [*]%