AMD 1996 Annual Report Download - page 124

dates on which rental charges begin and end. Also, the actual and reasonable
rentals paid by CONTRACTOR to others for such construction equipment and tools
for the time said items are actually used or necessarily maintained at the job
site for the prosecution of the work hereunder, but in no event more than the
then prevailing rates in the general area of the Site for such items, including
in the case of such construction equipment and tools which are rented from
others on a "bare rental" basis, the actual and reasonable amounts necessarily
paid by CONTRACTOR for repairs to, and repair parts for, said construction
equipment and tools as shall be necessary to keep and maintain them in good
working order during the period of their use on the job, provided such items are
delivered to the Site in first-class working condition. If the total projected
or actual rental costs for a given item are equal to or greater than seventy-
five percent (75%) of the purchase cost of such item in its then present
condition, CONTRACTOR shall extend to COMPANY the opportunity to purchase such
item in lieu of rental.
16.2.2.4 BASIS FOR FURNISHING CONSTRUCTION OUTFIT. CONTRACTOR shall
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recommend to COMPANY from time to time the basis upon which the various items in
the construction outfit are to be furnished, (i.e., whether purchased outright,
furnished by CONTRACTOR on a rental basis, or rented from a third party), and
COMPANY shall, in each case, be privileged to choose the basis most advantageous
to it under the prevailing circumstances.
16.2.2.5 TEMPORARY STRUCTURES. The actual and reasonable cost to
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CONTRACTOR of procuring, constructing, moving, maintaining and operating
buildings, structures, and facilities erected at the Site by or on behalf of
CONTRACTOR and required for the storage and protection of materials and
construction equipment and tools, for the field office, or for other purposes in
connection with the work at the job site, including all temporary structures,
such as, but not limited to, scaffolding, forms, cribbing, temporary supports,
and other items of indirect materials required for the job but excluding
temporary living quarters for foreign workers.
16.2.2.6 SUPPLIES. The actual and reasonable cost to CONTRACTOR of
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construction supplies (other than those included under Clause 16.2.2.5 above)
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and utilities, gasoline, oil, and grease used at and around the Site for the
Construction Work and testing, and the cost of fire-fighting facilities
furnished by CONTRACTOR and required for the protection of the Construction Work
during the course of construction, including any items of the kinds covered in
this Clause 16.2.2.6 that are left over at the Site as surplus when construction
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is complete.
16.2.2.7 FIELD CRAFT WAGES. The actual and reasonable straight-time
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wages, including the actual straight-time portion of overtime wages, paid by
CONTRACTOR to craft foreman, craftsmen, and other craft employees hired
specifically for this job and used by CONTRACTOR at the Site for or in
connection with the construction of the Facility, for the time said employees
are engaged in the field construction hereunder, including the wages paid to
workmen for making repairs to construction equipment furnished on a bare rental
basis during their period of use on the job, provided such construction
equipment is delivered to the Site in first-class working condition, and also
provided such repairs are not reimbursable by insurance. Also, any reasonable
fringe benefits actually paid by CONTRACTOR either directly to the aforesaid
employees or to their unions, pursuant to collective bargaining agreements, or
to any governmental agency. Such wages and benefits shall not exceed the levels
established by collective bargaining agreements in effect in the area in which
the work is being performed and shall be within the range of rates set forth in
Schedule 16.2.1.1 attached hereto, subject to
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997