AMD 1996 Annual Report Download - page 107

8.15.8 SECURITY. CONTRACTOR shall be solely and completely
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responsible for the security of the job site, including protection of personnel,
the work and materials.
8.16 MATERIALS.
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8.16.1 NEW MATERIALS. All materials (including equipment) shall be
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new, unless otherwise agreed by COMPANY in writing.
8.16.2 RESPONSIBILITY FOR INJURY CAUSED BY EQUIPMENT. CONTRACTOR
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shall be responsible for injury or claims resulting from failure of the
equipment (other than equipment procured by COMPANY) to comply with applicable
safety requirements of state or federal authorities and applicable local and
national safety codes or requirements, or the safety requirements of a
recognized agency, or failure due to faulty design concepts, or defective
workmanship and materials.
8.16.3 SUBSTITUTION OF MATERIALS. Whenever any material or equipment
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process is indicated or specified by patent or proprietary name, by name of
manufacturer, or by catalog number, such specifications shall be deemed to be
used for the purpose of establishing a standard of quality and facilitating the
description of the material, equipment or process desired. This procedure is not
to be construed as eliminating from competition other products of equal or
better quality by other manufacturers where fully suitable in design. CONTRACTOR
may, after completing its design services, recommend to COMPANY the
consideration of another material, equipment or process which shall be
substantially equal in every respect to that so indicated or specified.
Substitute materials, equipment or processes shall not be used unless approved
in writing by COMPANY. Such approval shall be pursuant to Section 4.3.2. If
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CONTRACTOR recommends a substitute material, equipment or process, CONTRACTOR
shall be deemed to have agreed with, and represented and warranted to COMPANY,
the following:
8.16.3.1 The proposed substitute will perform adequately the
functions required by the design, is of substance equal to that specified,
and is suited to the same use and capable of performing the same function
as that specified, and will provide the same degree of capacity and
performance flexibility as indicated by the scheduled or specified
performance data.
8.16.3.2 Required connections (electrical, piping, and other)
can be properly made and adjunctive work can be properly accomplished.
8.16.3.3 The item can be installed in the space available and in
the manner shown or CONTRACTOR will provide at no cost to COMPANY an
acceptable redesign and all modifications necessary to accommodate the
substitute item.
8.16.3.4 CONTRACTOR shall assume full responsibility for any and
all problems arising from the use of the substitute material, equipment or
process.
8.16.3.5 CONTRACTOR shall assume full responsibility for any
delay in the Project Schedule resulting from the use of the substitution.
8.16.3.6 CONTRACTOR shall pay all costs of changes in other
elements or parts of the Construction Work which result from the
installation of the substitution.
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997