AMD 1996 Annual Report Download - page 147

part thereof is in operation if, in COMPANY'S opinion, the safety of individuals
or equipment would be jeopardized by so doing; nor shall any part of the
Facility be continued in operation when, in COMPANY'S opinion, further operation
thereof would be hazardous to the safety of individuals or equipment.
25.5 SHUT DOWN PROCEDURE. The procedure for shutting down the Facility
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shall be in accordance with a standard mutually agreed upon by and between
CONTRACTOR and COMPANY.
ARTICLE 26
USE OF COMPLETED PORTIONS OF THE FACILITY
26.1 USE OF COMPLETED CONSTRUCTION PHASES. COMPANY reserves the right to
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occupy and use Construction Phases or systems within the Facility as they are
completed, including those Construction Phases or systems completed in advance
of other portions of the Facility, and such Construction Phases or systems may
be occupied or used pending completion of said other portions, provided that
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such occupancy or use by COMPANY would not unduly interfere with CONTRACTOR'S
subsequent work on the Facility. CONTRACTOR shall complete the milestones in
the order of precedence designated by Section 14.1 above, prepare the
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Construction Phases for occupancy and testing, and turn same over to COMPANY for
operation or use in the aforesaid order of precedence. In such case COMPANY
shall give CONTRACTOR a separate notice on each occasion when it takes over any
such portion of the Facility for occupancy and testing. If any system in the
Facility has been substantially completed and all Punch List items affecting
such system, other than minor cosmetic matters (as described in Section 15.2.1),
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have been completed, then the provisions of Section 18.1 regarding warranties
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and guarantees shall apply. It shall be understood, however, that neither
COMPANY'S taking over, or occupancy or use of, any portion or system of the
Facility, nor any notice given by COMPANY in connection therewith shall in any
way be construed to commit COMPANY to the acceptance of any Construction Work
not completed or furnished in accordance with the Design Documents pertaining
thereto, nor to constitute a Final Acceptance thereof nor to relieve CONTRACTOR
from its obligation to complete the Facility (if it is then not already
completed) or from any other unfulfilled obligations or responsibilities under
the Contract.
ARTICLE 27
CLOSING REPORT ON COST OF THE FACILITY
27.1 CLOSING REPORT. As soon as possible after substantial completion of
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the Facility but, in any event, before COMPANY'S Final Acceptance thereof,
CONTRACTOR shall furnish COMPANY a detailed closing report showing the
apportionment of the costs for the Facility among the Construction Phases in
accordance with the closing report outline to be prescribed by COMPANY. In the
event that agreement between the parties cannot be reached on any matter that is
not covered by the above-mentioned outline concerning the detail or form of the
closing report, it shall be understood that applicable requirements for
apportionment of costs among the Construction Phases shall be defined in the
Project Procedures Manual.
ARTICLE 28
RECORD DOCUMENTS
28.1 DESCRIPTION OF RECORD DOCUMENTS. The record document is the written,
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printed, and drawn (including in electronic form) presentation of factual
information on the completed Project, defining what, how, and where
Construction Work was installed, together with any other relevant information,
including without limitation two sets of electronic media of all drawings and
specifications developed by CONTRACTOR or any subcontractor or vendor. The
purpose of record documents is to provide factual information which will
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997