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A P P E N D I X D Terms and Conditions and Software License
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10. Taxes and Duties: End User is responsible for all taxes imposed in connec-
tion with sale to End User of Products or services which Intel may incur
under this Agreement (except taxes imposed on Intel’s income) including
but not limited to all import duties, customs fees, levies or imposts, and
all sales, use, value added, gross receipts or other taxes of any nature
and any penalties, interest and collection or withholding costs associated
with any of the foregoing items. All such amounts are in addition to other
amounts payable hereunder and this obligation shall survive termination
or expiration of this Agreement. If applicable law requires End User to
withhold any income taxes levied by the authorities of Canada on pay-
ments to be made pursuant to this Agreement (“Withholding Tax”), End
User shall take advantage of the reduced Withholding Tax provided for
by the Canada-United States tax treaty then in force and shall be entitled
to deduct such Withholding Tax from the payments due to Intel hereun-
der. End User is further responsible for obtaining import licenses and
preparing and submitting all required documentation in connection with
importing Products including obtaining and providing to Intel Interna-
tional Import Certificates and other supporting documentation required
by Intel in order to apply for United States export licenses.
11. Leasing/Renting: Subject to the provisions of this Section, End User may
request to have Products delivered to it under a leasing/renting arrange-
ment between End User and a lessor/owner (“Lessor”). Intel’s obliga-
tions to accept any Order from Lessor and to deliver Product pursuant to
such Order from Lessor are limited to the following circumstances:
11. 1. The Lessor is Intel who will retain title to the Product and accept
lease or rent payments; or
11. 2. Any Lessor, other than Intel Order, provided that:
11. 2. 1. The Order indicates on its face that Lessor is ordering
the Product identified in the Order on behalf of End
User;
ii. The Order indicates on its face that it is in accor-
dance with, and subject to,
iii. The terms and conditions of this Agreement;
and
iv. Intel’s credit department has approved the Les-
sor.
With respect to any Order issued by any Lessor, other than Intel, sub-
ject to any specific provisions found in a bilaterally-executed agreement
between Intel and Lessor, Lessor will be considered End User’s agent
for the purpose of ordering Product and making payment and the rights
and obligations of End User and Intel identified in this Agreement shall
remain except for the following:
(1). Title to Product delivered pursuant to such Order shall be
presumed vested in Lessor;
(2). The license accompanying the Product shall apply to Les-
sor; and
(3). Notwithstanding anything to the contrary in the license
accompanying the Product, Lessor may transfer such title
and license rights to End User under a leasing arrange-
ment.