AMD 1996 Annual Report Download - page 102

and engineer of the Project, will not relieve CONTRACTOR of its full and sole
responsibility to provide the design and engineering services for the Project,
will not operate as a waiver of, or in any modify, any of CONTRACTOR'S
obligations and responsibilities hereunder or thereunder and will not in any way
alter the complete and sole responsibility of CONTRACTOR to design and engineer
a Facility of lawful, satisfactory design, construction, and operation. If
COMPANY insists upon a design that CONTRACTOR states in writing is unsuitable
and states CONTRACTOR'S reasons for so concluding, CONTRACTOR shall not be
liable for any problems caused by such design. As stated in Section 1.3.4,
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CONTRACTOR is not responsible for the design of the Wafer Process Equipment.
5.6 DELAY BY CONTRACTOR OR COMPANY IN DELIVERY OF DESIGN DOCUMENTS.
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5.6.1 DELAY BY CONTRACTOR IN DELIVERY. In the event CONTRACTOR fails to
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deliver any Design Documents or other items, including without limitation
submittals or shop drawings, to COMPANY by the dates agreed upon, CONTRACTOR
shall develop a Schedule Recovery Plan. Should any additional costs to the
Project occur as a result of such delay(s) or the effort(s) necessary to recover
therefrom, all such costs shall be solely for CONTRACTOR'S account. Such delays
shall not result in a change in the Project Schedule.
5.6.2 DELAY BY COMPANY IN DELIVERY. In the event COMPANY fails to respond
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to such Design Documents or other items within ten (10) working days in
accordance with Section 5.1, then (a) CONTRACTOR shall have the right to give
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COMPANY'S Representative 24-hours notice of such failure in accordance with
Section 14.4.4.
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ARTICLE 6
SITE
6.1 EASEMENTS PROVIDED BY COMPANY. Subject to the understanding that
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CONTRACTOR shall procure all business licenses and business permits that it may
need in connection with its work under the Contract, and will obtain all
building permits and other governmental authorizations and approvals, COMPANY
shall obtain all rights and easements required in connection with the
development of the Site; and CONTRACTOR shall comply with all the provisions
thereof insofar as said provisions apply to the execution of CONTRACTOR'S work
under the Contract. Both parties shall cooperate in assisting in the other
party's efforts to obtain such permits, licenses and easements.
6.2 CONDITION OF SITE. The Site upon which the Facility is to be located
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will be turned over to CONTRACTOR "As Is" in the condition it is in on the date
of such delivery. CONTRACTOR shall perform such geotechnical, meteorological,
soil and other tests as CONTRACTOR deems necessary during the design of the
Facility. CONTRACTOR shall be responsible for all conditions which are known,
or reasonably should have been known, to be affecting the Site, except pre-
existing environmental contaminants, pollutants and hazardous and solid wastes,
located on or under the Site, unless CONTRACTOR or any of its subcontractors,
vendors, agents or representatives released or otherwise caused any
environmental contaminants, pollutants or waste to be present at the Site, in
which case CONTRACTOR'S indemnity set forth in Section 20.1 shall apply to such
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environmental contaminants, pollutants or waste. In the course of performing
the Construction Work, CONTRACTOR shall execute all work related to the Site
such as excavating, trenching, back-filling, filling, compacting, grading and
landscaping. If CONTRACTOR is requested by COMPANY to perform the work, such
work shall also include any work necessary to remedy environmental problems
which may be discovered in the course of carrying out the project (such as,
e.g., the removal of contaminated soil and the removal of underground tanks,
chemicals or munitions). The public law responsibility of COMPANY as owner of
the Site vis-a-vis the State of Saxony and the City of
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997