AMD 1996 Annual Report Download - page 156

Event of Default by CONTRACTOR under Article 36 below.
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Except for the foregoing compensation CONTRACTOR waives any claims for damages
on account of such termination.
35.2 ACTIONS UPON RECEIPT OF NOTICE. Upon receipt of any such notice of
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termination, CONTRACTOR shall:
35.2.1 As soon as possible discontinue work on the date and to the
extent specified in the notice.
35.2.2 Deliver to COMPANY copies of all Design Documents, including
without limitation all plans, specifications, drawings and data sheets and all
data, reports, completed work, work in process, and such other information and
materials relating to the terminated part of the work as may have been acquired
or prepared by CONTRACTOR in connection with this Contract for COMPANY'S or any
Affiliate's use in accordance with Section 4.11.
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35.2.3 Continue to prosecute and perform any unterminated part of the
work.
35.2.4 Remove its personnel and subcontractors and construction
outfit from the Site as to the terminated part of the Work.
CONTRACTOR shall take all necessary measures to mitigate and minimize the effect
of the termination on any costs incurred or to be incurred by CONTRACTOR or
COMPANY.
35.3 GUARANTEES FOLLOWING TERMINATION. In the event of termination of the
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Contract pursuant to Section 35.1 above, CONTRACTOR shall be obligated for all
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warranties and guarantees under the Contract applying to the portion of the work
completed prior to the termination of CONTRACTOR'S work. This section shall
also apply in the event of a termination pursuant to Section 34.5.
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ARTICLE 36
DEFAULT BY THE CONTRACTOR
36.1 EVENTS OF DEFAULT. If any or all of the work to be performed under
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this Contract is abandoned by CONTRACTOR; or if the Contract is assigned in
violation of the provisions hereof; or if any work is subcontracted by
CONTRACTOR without any required approval of COMPANY; or if CONTRACTOR becomes
insolvent or unable to meet its payroll or other current obligations, or is
adjudicated a bankrupt, or has an involuntary petition in bankruptcy filed
against it, or makes an assignment for the benefit of creditors, or files a
petition for an arrangement, composition or compromise with its creditors under
any applicable laws, or has a receiver, trustee or other officer appointed to
take charge of its assets; or if CONTRACTOR persistently disregards applicable
laws or ordinances; or if CONTRACTOR fails, except in cases beyond its control,
to supply enough properly skilled workers or proper materials or to prosecute
the Construction Work with promptness and diligence; or if COMPANY determines
that the Project Schedule is not being maintained or that CONTRACTOR is
violating any of the conditions or provisions of this Contract; or if CONTRACTOR
refuses or fails to perform properly any portion of the work in accordance with
the terms of this Contract (any of the foregoing, a "DEFAULT"), and if, within
ten (10) working days after receipt of a written notice of default from COMPANY,
CONTRACTOR fails to remedy such Default or to provide satisfactory evidence that
such Default will be corrected as soon as possible (an "EVENT OF DEFAULT"),
COMPANY may take over the work and/or withhold any amounts otherwise due under
the Contract and/or terminate by written notice the Contract without thereby
releasing CONTRACTOr from any of its obligations or liabilities under the
Contract, or affecting the rights conferred on COMPANY by the Contract.
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997