AMD 1996 Annual Report Download - page 108

8.16.3.7 CONTRACTOR shall provide the same guarantees and
warranties for the substitute as for the specified product.
8.16.3.8 Motors for proposed alternate equipment shall have the
same minimum differential between motor brake horsepower and motor name
plate horsepower as for specified equipment.
8.16.4 MATERIALS OBJECTED TO BY CONTRACTOR. If COMPANY insists upon
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the use of certain materials or processes that CONTRACTOR states in writing is
unsuitable and states CONTRACTOR'S reasons for so concluding, CONTRACTOR shall
not be liable for any defects caused by such materials or processes.
8.17 STORAGE OF MATERIALS. CONTRACTOR shall store materials delivered
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to the Site in an orderly and suitable manner and shall protect them against
theft and damage.
8.18 CLEANING UP. CONTRACTOR shall, at all times, keep the Site and all
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adjacent property free from accumulations of waste material or rubbish caused by
CONTRACTOR'S or any subcontractor's employees or by the Construction Work. Upon
completion of the Construction Work, CONTRACTOR shall remove all temporary
structures, rubbish, and waste materials resulting from its operations.
CONTRACTOR shall adhere to and implement the Clean Build protocol. Should
CONTRACTOR, in COMPANY'S opinion, not comply in this matter, COMPANY may give
CONTRACTOR written notice of such non-compliance. If CONTRACTOR fails to cure
its non-compliance within ten (10) working days, COMPANY reserves the right to
deduct any and all costs incurred in maintaining cleanliness from the next
monthly payment.
ARTICLE 9
PURCHASING MATERIALS, SUBCONTRACTING WORK AND COMPUTERS
9.1 PURCHASING MATERIALS. CONTRACTOR shall notify COMPANY if any purchase
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of materials will increase the cost of the work beyond the amount approved by
COMPANY in the Project Budget.
9.2 SUBCONTRACTING WORK.
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9.2.1 THIRD PARTY SUBCONTRACTS AND VENDORS. CONTRACTOR and COMPANY
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shall each submit to the other the names of all subcontractors and vendors which
either party proposes for the Construction Work and information regarding them
as COMPANY or CONTRACTOR may reasonably request. CONTRACTOR and COMPANY shall
mutually approve the list of prospective subcontractors and vendors from whom
CONTRACTOR shall solicit bids. CONTRACTOR shall select the subcontractors and
vendors for the Project that CONTRACTOR intends to utilize from the approved
bidders list. As described below in this Section, COMPANY shall review and
approve the subcontractors and vendors selected by CONTRACTOR. If COMPANY
requests CONTRACTOR to enter into a subcontract or purchase order with a person
whose bid exceeded the bid of a person that CONTRACTOR desires to employ, and
CONTRACTOR would not otherwise agree to award a subcontract or purchase order to
such higher bidder, the parties shall issue a Change Order for the amount of the
difference between the two bids, the Budgeted Cost of the Work and the Project
Budget shall be increased by the amount of such difference, and CONTRACTOR shall
utilize such higher bidder. CONTRACTOR and COMPANY shall mutually agree on the
vendors of the systems for chemicals, specialty gases and ultra pure water who
shall be included on the approved bidders list, but COMPANY shall have the sole
right to select the vendor of each such system. CONTRACTOR shall not employ any
subcontractors and vendors that are not on the list of approved bidders.
CONTRACTOR shall not enter into any purchase orders or subcontract any work
pertaining to the Project, nor permit any of its subcontractors to do so,
without first
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997