AMD 1996 Annual Report Download - page 150

29.3.10 A copy of each warranty, bond, or service contract which
applies to a product and its installation.
ARTICLE 30
TAXES
30.1 TAXES ASSESSED AGAINST FACILITY. CONTRACTOR shall pay all taxes,
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assessments, excises, impositions, royalties, tariffs and licenses levied,
assessed, or imposed upon or on account of the execution of the work under the
Contract or CONTRACTOR'S receipts therefrom or on the materials furnished by
CONTRACTOR therefor or on the manufacture, storage, sale, receipts from sale,
use, tariffs, licenses, royalties, value added, transportation, inspection, or
delivery of said materials under any German Federal, state, or local law or
laws. CONTRACTOR shall be reimbursed by COMPANY for all such taxes and other
amounts (excluding interest or penalties, if any, connected therewith, and value
added taxes described in Section 16.2.3.10) paid under the Contract that are
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adequately documented if such documentation is delivered to COMPANY pursuant to
Clause 16.2.2.19.
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30.2 TAXES AFFECTING EMPLOYEES. CONTRACTOR hereby accepts exclusive
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liability for the payment to the respective State of Saxony and German Federal
Governments of all taxes, contributions, interest, and penalties provided in any
laws or in any applicable collective bargaining agreements with respect to the
wages and salaries paid to CONTRACTOR'S employees for services rendered in
connection with the Contract; and also agrees to require the subcontractors and
vendors to do likewise with respect to the wages and salaries paid to their
employees. CONTRACTOR shall be reimbursed by COMPANY for all such taxes and
contributions (excluding interest and penalties) that are adequately documented
if such documentation is delivered to COMPANY pursuant to Section 30.1.
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30.3 TAXES NOT PART OF BUDGETED COST. Taxes, assessments, excises and
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impositions shall not be a part of the Budgeted Cost of the Work and shall not
be utilized in calculating the Fee.
ARTICLE 31
LIENS [PFANDRECHT]
31.1 LIENS [PFANDRECHT]. CONTRACTOR shall prove with respect to movables
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and rights which are not indivisibly connected with the real property that it
owns these movables and rights and that, in particular, there exist no rights of
third parties such as liens and the like. It is only after CONTRACTOR will have
furnished this proof that it may claim payment of costs of such movables or
rights hereunder. If there is, at any time, indication to COMPANY of the
existence of a lien as a result of which COMPANY will not be unrestricted owner
of the movables or rights, or will be liable because of such lien, or will be
subject to other claims of third parties, in particular without limitation, of
subcontractors or suppliers, CONTRACTOR shall reimburse the respective costs
payable by COMPANY in addition to the costs otherwise owed by COMPANY to
CONTRACTOR hereunder. COMPANY shall further be entitled, as long as CONTRACTOR
fails to prove that it owns the aforesaid movables or rights, to withhold any
such payment, unless mere payment of the Reimbursable Costs hereunder would lead
to the extinguishment of the lien on the movable or right by operation of law.
The proof to be furnished by CONTRACTOR shall consist of a respective written
waiver of respective liens issued by its supplier or subcontractor and of a
declaration of CONTRACTOR'S supplier or subcontractor according to which it
already transferred to CONTRACTOR full title to the movable or the right. Also
proof of full payment of the subcontractor or supplier for the respective
movable or right shall be deemed to be such proof, unless the agreement with the
third party contains further rights.
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997