AMD 1996 Annual Report Download - page 103

Dresden shall not be affected hereby. To the extent that additional fill
material is needed for this work, CONTRACTOR shall provide same. CONTRACTOR
shall remove the excess spoil and back-fill material from the job site and
dispose of it, in a manner satisfactory to COMPANY, as required by law
applicable to the Site and as specified in the Contract Documents. All net
proceeds from the disposition of soil taken from the Site shall be applied to
pay CONTRACTOR'S excavation and other costs hereunder and shall be shown as a
credit on the next Application for Payment submitted by CONTRACTOR pursuant to
Section 17.1 below.
- ------------
6.3 BENCHMARK. COMPANY and CONTRACTOR shall agree on a suitable bench-
---------
mark and reference points for locating the Facility and the Site boundary lines.
CONTRACTOR shall thereafter establish from said bench-mark and reference points
the elevations and lines required for the proper location of all materials to be
installed by CONTRACTOR. It shall be CONTRACTOR'S responsibility to preserve
the aforesaid bench-mark and reference points in an undisturbed condition.
6.4 UNDERGROUND UTILITIES. CONTRACTOR shall determine the exact locations
---------------------
of existing underground utility and service lines indicated on the drawings
before starting work and shall make suitable provisions for their protection.
CONTRACTOR shall install all utility and service lines and facilities required
as a part of the Facility.
Article 7
Acceptance of Site
7.1 CONTRACTOR'S INSPECTION OF SITE. CONTRACTOR'S delivery to COMPANY of
-------------------------------
the Design Documents, the Project Schedule and the Project Budget shall be
deemed an acknowledgment that it has examined and is familiar with the Site
upon which the Facility is to be erected and has, by careful investigation
satisfied itself as to the location of the Site and the areas assigned to it for
its uses, the conformation of the ground, sub-surface, environmental and other
soil conditions, the difficulties attending the execution of the Construction
Work, the general and local labor conditions, and all other matters which can in
any way affect the execution of the Construction Work. A list of the site
studies furnished by COMPANY to CONTRACTOR, which CONTRACTOR has reviewed, is
attached hereto as Schedule 7.1 and made a part hereof. CONTRACTOR shall be
------------
responsible for all conditions which is known, or reasonably should have been
known, to exist below the surface of the ground, excluding pre-existing
environmental contaminants, pollutants and waste.
ARTICLE 8
CONDUCT OF THE CONSTRUCTION WORK
8.1 CONSTRUCTION IN ACCORDANCE WITH APPROVED DESIGN DOCUMENTS. CONTRACTOR
---------------------------------------------------------
shall construct the Facility on the Site and in accordance with the Design
Documents approved by COMPANY.
8.2 PARTIES' RELATIONSHIP. Both parties hereto undertake to cooperate
---------------------
with each other. CONTRACTOR will therefore furnish its best skill and judgment
in fulfillment of its contractual obligations.
8.3 EFFICIENT ADMINISTRATION. CONTRACTOR shall furnish efficient business
------------------------
administration and supervision, shall use every effort to keep engaged in the
Construction Work at all times an adequate supply of qualified workmen and
materials, and shall execute the Construction Work in the most expeditious
manner consistent with the interests of COMPANY and the provisions of the
Contract. If the services of vendors' erection engineers are required for
supervising the installation of any materials, CONTRACTOR shall arrange for said
services promptly as needed.
17
Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997