AMD 1996 Annual Report Download - page 144

ARTICLE 22
CASUALTY CAUSING DAMAGE TO THE FACILITY
22.1 DAMAGE BEFORE SUBSTANTIAL COMPLETION OF FACILITY. In case the
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Facility or any portion thereof or any materials or equipment therefor should be
damaged, lost, or destroyed by reason of accidental deterioration or accidental
loss (such as, but not limited to, fire, flood, gusts of wind, earthquake, theft
or vandalism) before substantial completion of the Facility (as described in
Section 15.1), COMPANY shall have the right to require CONTRACTOR to forthwith
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reconstruct, repair, or replace the work or materials so damaged, lost, or
destroyed. The cost thereof shall be a part of the Budgeted Cost of the Work,
the Project Budget shall be correspondingly increased by a Change Order, and the
Fee shall be adjusted in accordance with Section 16.10.
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22.2 DAMAGE AFTER SUBSTANTIAL COMPLETION OF FACILITY. If damage, loss, or
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destruction occurs by reason of accidental deterioration or accidental loss
after substantial completion of the Facility as provided in Section 15.1 hereof,
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COMPANY shall be responsible. The provisions of this Article 22 shall not
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affect CONTRACTOR'S obligations under Article 18 and Article 19 hereof.
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ARTICLE 23
PROTECTION OF PROPERTY
23.1 CONTRACTOR'S PROTECTION OF FACILITY. Until COMPANY has taken over the
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Facility for operation or use, CONTRACTOR shall take all reasonable precautions,
including those related to security and to sanitation and health for the safety
of CONTRACTOR'S personnel and the personnel of others, to protect all work done
and all materials furnished under the Contract (including those furnished by
COMPANY for installation by CONTRACTOR, and regardless of whether the materials
have been erected or not) from loss or damage by the processes of construction,
by the action of the elements or by any other cause or causes; and after COMPANY
has taken over the Facility for operation or use, CONTRACTOR shall take all
reasonable precautions to protect the health and safety of CONTRACTOR'S
personnel and the personnel of others and the Facility and all portions thereof
from any and all loss or damage which CONTRACTOR or its subcontractors might
cause while making alterations, adjustments, repairs, or replacements or while
performing any other work at the job site. To the extent caused by CONTRACTOR,
its subcontractors or vendors, or their respective officers, agents or
employees, all loss or damage arising out of the processes of construction done
under the Contract, or from any defect in the Construction Work, or from the
action of the elements against which reasonable precautions were not taken,
shall be the responsibility of CONTRACTOR. CONTRACTOR shall also protect
COMPANY'S property which is not a part of the Facility from loss or damage which
might result either directly or indirectly, from CONTRACTOR'S and its
subcontractor's activities on COMPANY'S premises; and, if COMPANY should at any
time believe that the means provided by CONTRACTOR for protecting COMPANY'S
property are unsafe or inadequate, COMPANY shall have the right to require
CONTRACTOR to make them safe and adequate, and CONTRACTOR shall comply with such
requirement. However, neither the failure of COMPANY to make such demands nor
CONTRACTOR'S compliance with such demands, if made, shall in anyway relieve
CONTRACTOR from its liability for loss, damage, or injury resulting from the
operations of it or its subcontractors.
ARTICLE 24
PREPARATION OF THE FACILITY FOR OCCUPANCY AND TESTING
24.1 CONTRACTOR'S PREPARATION OF FACILITY. At such time as COMPANY may
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occupy or utilize the Facility for the installation of the Wafer Process
Equipment or in preparation for the conduct of any System Performance Test,
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997