AMD 1996 Annual Report Download - page 154

notice from Company, suspend performance of all or any portion of the work on
the Project for such time or times and in such manner as Company may specify in
such notice. Upon receipt of any such notice, Contractor shall, unless the
notice requires otherwise:
34.2.1 As soon as possible discontinue work to the extent specified
in the notice.
34.2.2 Continue to preserve and maintain at the Site any materials
and supplies furnished or used in the performance of the Construction Work, to
the extent specified in such notice.
34.2.3 Continue to prosecute and perform any work that is not
suspended.
34.2.4 Take all necessary measures to mitigate and minimize the
effect of the suspension on any costs incurred or to be incurred by Contractor
or Company.
34.3 COMPENSATION FOR SUSPENSION. As full compensation for such
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suspension, Contractor shall be reimbursed for all costs reasonably incurred as
a result of the suspension, including but not limited to:
34.3.1 The reasonable costs, incurred by virtue of the suspension,
for the storage and maintenance of Contractor's personnel and materials at the
Site on a standby status. Compensation for equipment on standby shall be
determined in accordance with Section 8.5.
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34.3.2 The reasonable costs of mobilizing and demobilizing any
equipment and work forces.
34.3.3 An equitable adjustment for any increase in the cost to
Contractor of subsequently performing any suspended work.
34.4 RESUMPTION OF WORK. Upon receipt of written notice to resume
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suspended work, Contractor shall as soon as possible resume performance of the
suspended work to the extent required in the written notice. In the event of
the resumption of work, Contractor shall be entitled to reimbursement of extra
costs incurred through the delay resulting from the suspension. The Budgeted
Costs shall be increased by the costs of suspension and the extra costs incurred
after resumption of the work. Any claim on the part of CONTRACTOR for
compensation shall be made within twenty (20) working days after receipt of
notice to resume work. However, no additional compensation or extension of time
shall be granted if suspension resulted from CONTRACTOR'S noncompliance with the
requirements of this Contract.
34.5 TERMINATION FOLLOWING SUSPENSION. In the event such suspension were
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to continue for more than 183 consecutive calendar days, either party shall have
the option of terminating this Contract. In case of such termination,
CONTRACTOR shall deliver, and COMPANY and any Affiliate of Company shall have
the right to make use for the completion of the work and the other purposes
identified in Section 4.11 of all Design Documents, including without limitation
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all plans, specifications, drawings, data sheets, and other matters that
CONTRACTOR has prepared for the Facility, as set forth in Section 4.11. To the
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extent subcontractors, vendors or others have an interest in any such Design
Documents, CONTRACTOR shall comply with Section 4.11 regarding the assignment
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and conveyance by such subcontractors, vendors and others of the rights of use
specified in Section 4.11 to COMPANY or COMPANY'S Affiliate. Upon such
termination and payment as herein provided, title to all materials, work in
process and other things procured or produced by CONTRACTOR under this Contract
(except construction equipment owned by CONTRACTOR) shall vest in COMPANY. Upon
such termination, COMPANY shall be
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997