4.2 Subject to the above sentence, if Apple changes the specifications of a property, despite any difference of opinion on the cost of implementing this amended specification, including the obsessive inventory throughout GTAT`s supply chain, GTAT will do its best to immediately implement all of these changes and produce them in a timely manner in accordance with current forecasts. 1.3.2 Ensure that the requirements of the facility are economically appropriate and in line with industry practices, so that the requirements of the facility do not entail or add unnecessary costs to the development of the Mesa facility; and in this case, Apple may not want the details contained in its Master Development and Supply Agreement (MDSA) with GTAT to be made public; EXCLUSIVE rights GTAT agreed not to provide certain sapphire materials or related technology to other companies (can it cause legal problems for Apple to limit products to another company?); the organization that Apple bought for GTAT with payments in a market economy or GTAT payment terms to repay up to US$578 million to Apple. Apple and GTAT conclude this SOW and the rest of the collateral agreements (as defined below) under which: (i) Apple will design and build the Mesa facility it leases to GTAT; (ii) GTAT will develop and transform the sapphire petanque into products it will sell to Apple; (iii) Apple will provide a down payment to GTAT for the purchase of ovens (as defined in Section 1.6 below) and equipment used to manufacture the goods, and (iv) GTAT will grant Apple a security interest and grant Apple additional protection rights in recognition of Apple`s investment in the Mesa facility and Apple`s advance payment to GTAT. With respect to the above, Apple and GTAT or the associated companies of Apple or GTAT enter into the following agreements (together the “collateral agreements”): 3.3 Apple may buy [O] and, in this case, [) [ . In order to preserve this right, GTAT will maintain a sufficient supply of [-] to satisfy the need for (i) or (ii] [). 7.1.3 If Apple finds that it wishes to acquire rights to the use or purchase of such new manufacturing technology, the parties negotiate in good faith, during the valuation period, the terms of a licence, commercial contract or other agreement governing Apple`s rights to this new manufacturing technology. And that`s the end of this love letter to Apple and its lawyers. Manufacturer: You are well served by passing this MDSA to your advice (inside or outside) and ask if your delivery contracts are so good. And do it on both sides — there are things that should never appear in your contract if you are the supplier and you even have a minimum of bargaining power. I know I`ll keep checking for new lessons. 1.3.3 In due course and in full all questions and requests for assistance or participation from Apple or its representative (including at Apple`s request, on-site participation in the Mesa Facility by a designated GTAT representative) at all stages of the acquisition, design and development of the Mesa facility. 9.1.3 With regard to exclusive licences or distribution agreements, GTAT has intellectual property rights: which relate to Sapphire technology or can execute it (including, but not limited to , for GTAT or products that [a]: a) GTAT will pay all royalties, royalties and other compensation (including annual royalties or sales amounts). and comply with all other conditions and conditions of existing licensing or distribution agreements.
, to the extent necessary to allow GTAT to retain its exclusivity within the term of time or, if it is shorter, for the maximum period allowed under the current licensing or distribution agreement; and b) GTAT will do everything in its power to assert its exclusive rights in this context (including, where possible, by imposing or inciting the licensee to assert the intellectual property rights granted against third parties) in Favour of Apple in respect of the activities of which GTAT operates in accordance with this paragraph