Common use of Remarketer Terms Attachment Clause in Contracts

Remarketer Terms Attachment. 16.1 Section 1, "Our Relationship" Item 4 is deleted because it does not apply to this business engagement. 16.2 Section 2, "Ordering and Delivery" This section is deleted because it does not apply to this business engagement. 16.3 Section 3, "Inventory Adjustments" This section is deleted because it does not apply to this business engagement. 16.4 Section 4, "Price, Invoicing, Payment and Taxes" Failure to Pay Any Amounts Due Item 1 is replaced with the following: 1. impose a finance charge, up to 1.5 percent per month on the unpaid balance of your invoice which was not paid during the required period; Item 3 is deleted because it does not apply to this business engagement. 16.5 Section 6, "Machine Code" This section is deleted because it does not apply to this business engagement. 16.6 Section 16, "Ending the Agreement" The following sentence is added to the end of the first paragraph of this section: Upon either party's termination of this Agreement for convenience, the wind-down provisions described in section 9, "Wind-Down Period," of the IBM Global Services' Network Services Exhibit may be exercised. Additionally, in the event of either party's notice of termination for cause, the cure provisions in section 10, "Cure Period," in that Exhibit will apply. StarMedia Network may terminate this Agreement, for convenience or for cause, entirely or separately for any participating country listed in the Profile 17. IBM Global Services' Network Services Terms Attachment for Remarketing Item 6 is modified to add the following sentence at the end of the item: For the purpose of this business engagement, provision of the service license containing IBM terms to End Users, is sufficient to satisfy this requirement for End Users; Item 9 is modified to add the following sentence at the end of the item: For the purpose of this business engagement, including a statement in your terms to End Users to the effect that "No third party provider of network connectivity services is liable to the End User for information and data the End User transmits using the services," is sufficient to satisfy this requirement;