AMD 1996 Annual Report Download - page 118

the delay) 24-hours notice of such failure, and (ii) if COMPANY'S failure
continues beyond one working day after receipt of said 24-hour notice, (a)
COMPANY shall pay all additional costs incurred by CONTRACTOR as a result of
COMPANY'S delay if (but only if) COMPANY'S delay affected the critical path set
forth in the Project Schedule and the Budgeted Cost of the Work set forth in the
then current Project Budget shall be adjusted, and (b) if COMPANY'S delay
affects the critical path set forth in the then current Project Schedule,
CONTRACTOR shall obtain an extension of the then current Project Schedule
pursuant to Section 14.3 above.
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ARTICLE 15
SUBSTANTIAL COMPLETION, FINAL COMPLETION AND FINAL ACCEPTANCE
15.1 SUBSTANTIAL COMPLETION. The Facility or a system within the Facility
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shall be substantially complete when (i) construction of the Facility or of such
system shall have been sufficiently completed in accordance with the Contract
Documents and temporary occupancy permits have been issued, so COMPANY can
occupy or utilize the Facility or such system for the use for which it is
intended, (ii) all Construction Work (including Punch List items as described in
Section 15.2.1, other than minor cosmetic matters which do not require the shut
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down of any system to correct) shall have been completed in accordance with the
Contract Documents, (iii) CONTRACTOR shall have fully performed its obligations
under Article 24 hereof, and (iv) the System Performance Test (as defined in
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Article 25) for such system shall have been completed pursuant to Article 25.
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CONTRACTOR shall give COMPANY written notice at least sixty (60) days prior to
the dates when each system and each Construction Phase within the Facility and
when the entire Facility shall have been substantially completed, except for
conducting the System Performance Test for such system, and COMPANY'S
Representative or Inspector shall inspect the Construction Work. If COMPANY'S
Inspector confirms that the system within the Facility is ready for the System
Performance Test, then the parties shall prepare for and conduct the System
Performance Test. Substantial completion of any system within the Facility
shall not have occurred until after completion of the System Performance Test
for such system and after CONTRACTOR shall have fulfilled all of its obligations
with respect to the System Performance Test for such system. COMPANY agrees to
start the System Performance Test for each system within a reasonable period of
time after CONTRACTOR turns such system over to COMPANY for testing, except that
if COMPANY is prevented from doing so by any cause or causes for which
CONTRACTOR is responsible, then said reasonable period of time shall be extended
by such period of time as is attributable to such cause or causes. Substantial
completion of the Facility shall not have occurred until after completion of the
System Performance Tests for all systems constituting the Facility and after
CONTRACTOR shall have fulfilled all of its obligations with respect to the
System Performance Tests for all systems constituting the Facility.
15.2 Final Completion.
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15.2.1 COMPLETION OF PUNCH LIST ITEMS. Following substantial
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completion of each system within the Facility and of all of the Construction
Work under this Contract, including without limitation, completion of the System
Performance Tests, CONTRACTOR shall notify COMPANY, in writing, that it has
substantially completed each system or the Facility and shall request final
inspection of such system or of the Facility. Upon receipt of CONTRACTOR'S
request for a final inspection, CONTRACTOR and COMPANY will inspect such system
or the Facility and prepare a list of items not completed or needing repair or
replacement (the "PUNCH LIST"). CONTRACTOR will correct the deficient
Construction Work on the Punch List. This Punch List may not be exhaustive and
the failure to include an item on it does not relieve CONTRACTOR of the
responsibility to complete all of the Construction Work in accordance with the
Contract Documents. CONTRACTOR shall notify COMPANY in writing when all items on
the Punch List have been completed. If, after
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997