AMD 1996 Annual Report Download - page 116

purchase order on a cost reimbursable basis which does not contain this right to
audit.
ARTICLE 14
TIME OF COMPLETION
14.1 SUBSTANTIAL COMPLETION DATE. The Project Schedule shall set forth
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milestone dates which shall be the dates that the parties determine shall be the
dates by which the Facility and each Construction Phase and other aspects of the
Project shall be substantially completed as described in Section 15.1. The
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latest date for substantial completion of the Facility (excluding substantial
completion of the Site Development Construction Phase) shall be 15 May, 1998, as
adjusted pursuant to the provisions of this Agreement (the "LATEST DATE FOR
SUBSTANTIAL COMPLETION OF THE FACILITY"). CONTRACTOR shall prosecute all phases
of the work to be performed hereunder with all possible promptness and diligence
and shall use its best efforts to substantially complete the entire Facility and
each Construction Phase on or ahead of the Project Schedule, but CONTRACTOR
shall substantially complete the Facility not later than the Latest Date For
Substantial Completion Of The Facility. The Latest Date For Substantial
Completion Of The Facility may be extended only for COMPANY'S delay or for force
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majeure pursuant to Section 14.3 or for changes, additions or omissions in the
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Project pursuant to Section 10.3 and Section 14.3.
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14.2 LATEST DATE FOR FINAL COMPLETION. The Project Schedule shall set
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forth the date upon which the Facility shall be finally completed (as described
in Section 15.2.1). As of the date of this Agreement, the latest date by which
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the Facility shall be finally completed shall be June 15, 1998.
14.3 DELAYS AND EXTENSIONS OF TIME.
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14.3.1 DELAYS CAUSED BY CHANGE ORDER OR BY COMPANY OR BY FORCE MAJEURE.
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If any change, addition or omission would affect the critical path set forth in
the Project Schedule or extend the amount of time required to substantially
complete or finally complete the Facility, the effect on the Project Schedule
and on the Latest Date For Substantial Completion Of The Facility and on the
latest date by which the Facility shall be finally completed as set forth in
Section 14.2 shall be acknowledged in writing and incorporated into the Project
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Schedule by approved Change Order in accordance with Section 10.3 above. If
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CONTRACTOR is delayed in the progress of the Construction Work by any act or
neglect of COMPANY, including any delay by COMPANY in commenting upon or
approving Design Documents or in granting or denying its consent or approval,
and such delay would affect the critical path, CONTRACTOR shall, within 72 hours
of the start of the occurrence, give notice to COMPANY of the cause of the
potential delay, the reasons why the delay will affect the critical path set
forth in the Project Schedule and an estimate of the duration of the delay and
the possible time extension involved. Within seven (7) working days after the
cause of delay has been remedied, in the case of a delay caused by COMPANY'S act
or neglect, CONTRACTOR shall give notice to COMPANY of any actual time extension
requested as a result of the aforementioned occurrence and any additional costs
incurred as a result of such delay. The corresponding change in the Project
Schedule shall be implemented by an approved Change Order pursuant to Section
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10.3 above. Failure to give either of the above notices shall be sufficient
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ground for denial of an extension of time hereunder on account of any act or
neglect of COMPANY. If CONTRACTOR is delayed in the progress of the
Construction Work by force majeure, and such delay would affect the critical
path, CONTRACTOR shall, within 72 hours of the start of the occurrence, give
notice to COMPANY of the cause of the potential delay, the reasons why the delay
will affect the critical path set forth in the Project Schedule and an estimate
of the duration of the delay. Within seven (7) working days after the cause of
delay has been remedied, in the case of a delay caused by force majeure,
CONTRACTOR
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997