AMD 1996 Annual Report Download - page 100

Construction Work and use and occupy the Facility. CONTRACTOR shall comply with
and give notices required by law and lawful orders of public authorities bearing
on performance of the Construction Work. CONTRACTOR shall apply for the
building permit and other permits in sufficient time to receive them by the time
called for in the Project Schedule. Any delay in the Project Schedule caused by
CONTRACTOR'S late application for a permit (that CONTRACTOR has the
responsibility of obtaining) that results in an increase in the Cost of the Work
shall be paid by CONTRACTOR.
4.13 COMPLIANCE WITH CODE REQUIREMENTS. CONTRACTOR shall review
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applicable zoning ordinances and building codes and shall prepare the Design
Documents in conformance to all applicable legal requirements and design
restrictions.
ARTICLE 5
APPROVAL OF DESIGN DOCUMENTS
5.1 APPROVAL BY COMPANY. COMPANY will designate in writing one
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Representative who shall have full authority to approve or disapprove on behalf
of COMPANY all Design Documents which CONTRACTOR is required to submit to
COMPANY for approval in accordance with the provisions of Article 4 hereof.
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Except as provided to the contrary in Section 5.3 below, CONTRACTOR shall not
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release orders to vendors, to subcontractors, to CONTRACTOR'S shops, or to
CONTRACTOR'S field construction department until COMPANY has approved all
specifications, drawings, and data sheets that apply to such orders. CONTRACTOR
shall furnish to COMPANY plans, specifications, drawings, data sheets, Project
Schedule, Project Budget and Estimate of Project Cost not later than the dates
set forth in the document entitled "AMD Fab 30 Dresden", plot date 10/10/96,
which by this reference is made a part hereof. COMPANY shall have ten (10)
working days after its receipt of plans, specifications, drawings and data
sheets to approve or comment on such plans, specifications, drawings and data
sheets submitted by CONTRACTOR to COMPANY for approval or comment. COMPANY
shall have ten (10) working days after its receipt of the Project Schedule,
Project Budget and then current Estimate of Project Cost to approve or comment
thereon. In the event of force majeure, the time for approval shall be extended
by the period of time COMPANY has been prevented from acting. In cases where
COMPANY submits comments on any such plans, specifications, drawings, data
sheets or other documents, CONTRACTOR shall make the revisions necessary to
obtain COMPANY'S approval thereof and shall submit in writing the amount of any
additional costs associated with the changes requested by COMPANY. Such revised
plans, specifications, drawings, data sheets and other documents shall be
submitted to COMPANY for approval currently as the revisions are made. In the
event that COMPANY fails to approve or comment on any of the aforesaid plans,
specifications, drawings, data sheets or other documents within ten (10) working
days and CONTRACTOR has fulfilled all its obligations in connection with
securing approval thereof, then CONTRACTOR may notify COMPANY in writing if
COMPANY'S delay would have an effect on the critical path set forth in the
Project Schedule or would increase the Budgeted Cost of the Work set forth in
the Project Budget. In such a case, if COMPANY requests, CONTRACTOR shall
prepare a Schedule Recovery Plan (including associated costs) for COMPANY'S
consideration. COMPANY may authorize CONTRACTOR to begin Construction Work
depicted on those Design Documents as to which Company's approval has been
delayed and any rework costs caused by COMPANY'S delay in approval shall become
Reimbursable Costs (defined in Section 16.1), and the Budgeted Cost of the Work
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shall be adjusted pursuant to Section 14.4. If COMPANY is delayed in acting on
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any plans, specifications, drawings, or data sheets by reason of CONTRACTOR'S
failure to fulfill any of its obligations in connection with securing approval
thereof, COMPANY shall notify CONTRACTOR of such failure within the aforesaid
allotted time; and the aforesaid time allowed COMPANY for acting on the plans,
specifications, drawings, and data sheets involved in the delay shall then be
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997