AMD 1996 Annual Report Download - page 127

site, and for return to said storage yard). Also, in cases where transportation
costs on construction equipment, tools and other items are chargeable to COMPANY
as aforesaid, the actual and reasonable costs incurred by CONTRACTOR for crating
and loading such items at the point of shipment.
16.2.2.16 SUBCONTRACTS. The actual amounts paid by CONTRACTOR to
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subcontractors approved by COMPANY pursuant to Article 9 hereof in connection
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with the construction of the Facility pursuant to subcontracts entered into by
CONTRACTOR; also, the actual and reasonable amounts paid by CONTRACTOR to
vendors for the services of vendors' service representatives in cases where same
are required at the Site and are not included in the purchase price of the
materials involved.
16.2.2.17 INSURANCE. The amounts paid by CONTRACTOR for insurance
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which is a unique requirement of this Contract, which M&W does not normally
carry and which COMPANY has approved in writing before CONTRACTOR procures such
insurance. The amounts paid by CONTRACTOR for all other insurance to be
maintained by CONTRACTOR as specified in this Contract are included in the
hourly rates set forth in Schedule 16.2.1.1.
16.2.2.18 OTHER DIRECT FIELD COSTS. The actual and reasonable
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amounts paid by CONTRACTOR for such other direct field costs and expenses
necessarily incurred in the performance of the Construction Work hereunder, but
not specifically mentioned above as the parties may mutually agree are
reimbursable by COMPANY.
16.2.2.19 SALES, USE AND OTHER TAXES The actual amounts necessarily
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paid by CONTRACTOR for sales taxes, use taxes and excise taxes on the materials
and other commodities chargeable to COMPANY under the above provisions, and such
other taxes and governmental charges described in Article 30, but excluding any
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interest or penalties in connection with any such taxes and other charges, any
taxes on motor fuels used in construction equipment to the extent recoverable
from the State by reason of the fact that the equipment is not operated on
public thoroughfares, and also excluding taxes set forth in Section 16.2.3.10.
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The preceding sentence shall apply only to the extent that the Project or
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COMPANY is not exempt from such taxes. CONTRACTOR shall (and shall require each
subcontractor and vendor to) account for all taxes separately as individual line
items on each invoice, on each Application For Payment and in each Project cost
report submitted to COMPANY.
16.2.3 EXCLUDED COSTS. Reimbursable Costs shall not include:
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16.2.3.1 OTHER OVERHEAD. Overhead and general expenses of
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CONTRACTOR'S principal office and offices other than the Site office, except as
may be expressly included in Sections 16.2.1 and 16.2.2.
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16.2.3.2 CAPITAL EXPENSES. CONTRACTOR'S capital expenses, including
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interest on CONTRACTOR'S capital employed for the Project, excepting capital
expenses incurred solely due to COMPANY'S delay.
16.2.3.3 NEGLIGENCE. Costs due to the fault or negligence of
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CONTRACTOR, subcontractors, anyone directly or indirectly employed by any of
them, or for whose acts any of them may be liable, including but not limited to
costs for the correction of damaged, defective or non-conforming work, disposal
and replacement of materials incorrectly ordered or supplied, and making good
damage to property not forming part of the Construction Work.
16.2.3.4 OTHER COSTS. Any cost not specifically and expressly
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41
Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997