AMD 1996 Annual Report Download - page 158

36.5 REMEDIES CUMULATIVE. The rights and remedies of COMPANY provided by
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this provision of the Contract are in addition to any and all other rights and
remedies provided by law or under this Contract, and nothing contained herein
shall prejudice the rights of COMPANY to take whatever action it may deem
necessary or appropriate to obtain the satisfactory performance of this
Contract. This shall not, however, under any circumstances be construed to
entitle COMPANY to lost profits.
36.6 Limits On Amount Payable To Contractor. Should COMPANY invoke its
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termination rights pursuant to this Article 36, any amount payable to CONTRACTOR
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shall not cause the Budgeted Cost of the work to be exceeded, nor shall it
exceed an amount calculated as follows:
36.6.1 Take the Reimbursable Costs incurred by CONTRACTOR to the date
of termination.
36.6.2 Add a portion of the CONTRACTOR'S Budgeted Fee computed upon
the percentage of Construction Work completed to the date of termination.
36.6.3 Subtract the aggregate of previous payments made by COMPANY.
36.6.4 Subtract any compensation for losses, damages, liabilities,
claims, expenses and other costs suffered or incurred by COMPANY in connection
with CONTRACTOR'S default.
COMPANY shall also pay CONTRACTOR fair compensation, either by purchase or
rental at the election of COMPANY, for any equipment owned by CONTRACTOR which
COMPANY elects to retain and which is not otherwise included in the Cost of the
Work under Section 36.5.1.
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ARTICLE 37
PENALTY CLAUSE
37.1 DAMAGES FOR DELAY IN SUBSTANTIAL COMPLETION OF FACILITY.
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CONTRACTOR shall substantially complete the Facility in a timely manner and not
later than the Latest Date For Substantial Completion Of The Facility. For each
Delay Week (defined below) or portion thereof by which CONTRACTOR culpably
exceeds the Latest Date For Substantial Completion Of The Facility, CONTRACTOR
shall pay COMPANY a contract penalty in the amount listed below:
Week Following The Week Amount of Contract Cumulative
Ending On The Latest Date Penalty Payable Contract Penalty
For Substantial Completion That Week
Of The Facility
- ----------------------------- ---------------------- ---------------------------------
1st Week -0- -0-
2nd Week DEM500,000 DEM500,000
3rd Week DEM750,000 DEM1,250,000
4th Week DEM750,000 DEM2,000,000
5th Week + Later Weeks DEM1,000,000
/week
37.2 PAYMENT OF CONTRACT PENALTY. CONTRACTOR shall pay COMPANY the
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foregoing sums as contract penalty (and COMPANY shall have the right to offset
the foregoing sums against any amounts owed by COMPANY to CONTRACTOR) for each
week beyond the Latest Date For Substantial Completion Of The Facility that the
Facility remains substantially uncompleted. Each week (a "DELAY WEEK") shall
commence on the day of the week following the day on which the Latest Date For
Substantial Completion Of The Facility occurred, and if
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997