AMD 1996 Annual Report Download - page 96

Representative, then Contractor's Representative shall delegate to the senior
Project construction superintendent the authority specified in Section 2.2.1. It
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is understood that only one Representative of COMPANY shall have authority to
approve increases or decreases in the Budgeted Cost of the Work.
2.6 PERSONNEL PROFICIENCY IN ENGLISH. The senior Project construction
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superintendent, the superintendent [Bauleiter], the technical superintendent
[Fachbauleiter] and all other senior construction personnel shall be able to
speak and write English with a reasonable degree of fluency considering the
nature and requirements of the Project.
2.7 EMPLOYMENT OF LEGAL WORKERS. CONTRACTOR shall be responsible for
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assuring that all of CONTRACTOR'S and its subcontractors' and vendors' employees
have necessary visas and have the legal right to be present at the Site or
anywhere else where the work is being performed and to be employed in the work
and that none of such employees are illegal immigrants.
2.8 COMPLIANCE WITH LAW AND PROMPTITUDE IN HIRING AND REPLACING PERSONNEL.
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The removal, replacement and hiring of personnel by CONTRACTOR shall be done in
accordance with the laws of the State of Saxony or other applicable law.
Replacements for removed personnel shall be hired for the Project within a
period of time that does not affect the Cost of the Work or the Project
Schedule.
ARTICLE 3
CONTRACT DOCUMENTS
3.1 CONTRACT DOCUMENTS. The "CONTRACT DOCUMENTS" consist of this
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Agreement (including the Exhibit and Schedules attached or to be attached hereto
and the documents incorporated herein by reference), the Project Schedule, the
Project Budget, each Estimate of Project Cost, the Project Safety Manual and the
Project Procedures Manual which are currently being prepared, the Design
Documents to be prepared by CONTRACTOR and approved by COMPANY pursuant to
Article 4 hereof, any Addenda to this Agreement entered into between COMPANY and
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CONTRACTOR and any Change Orders pursuant to Article 10 hereof. This Agreement
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and the other Contract Documents shall constitute the Contract between the
parties. The Project Safety Manual and the Project Procedures Manual and the
Estimate of Project Cost and the Design Documents to be prepared by CONTRACTOR
and approved by COMPANY pursuant to Article 4 hereof and any Change Orders
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pursuant to Article 10 hereof, are hereby made a part hereof as effectively as
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if actually set forth herein in full. It is understood and agreed that whenever
the term "CONTRACT DOCUMENTS" is used in this Agreement, it shall mean the
Contract Documents as approved by COMPANY except that, in the event the parties
hereto mutually agree to any modifications of the Contract Documents, it shall
mean the Contract Documents as so modified.
3.2 RESOLUTION OF CONFLICTS. If any of the other Contract Documents
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(other than any Addenda to this Agreement) are found to conflict with this
Agreement, then this Agreement shall control. Furthermore, should there be a
conflict between any of the other Contract Documents (other than any Addenda to
this Agreement), the Contract Document bearing the later date shall control.
Notwithstanding the foregoing, if a document with a later date adversely affects
another portion of the Facility covered by a document with an earlier date, the
parties shall cooperate to remove the adverse effect. In cases where a conflict
exists between any parts of the Contract Documents after application of the
foregoing provisions, and adoption of one of the conflicting alternatives would
jeopardize CONTRACTOR'S warranties and guarantees hereunder while adoption of
the other would not, the alternative which would not jeopardize CONTRACTOR'S
warranties and guarantees shall control unless the construction involved therein
would be unsafe in which case the parties hereto shall cooperate in revising one
of the aforesaid alternatives to remove the objections of jeopardy to warranties
and guarantees
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997