AMD 2003 Annual Report Download - page 219

is technically or functionally necessary or expedient therefore, including, but not limited, to all and any items which could have an impact on productivity, yield
or ease of use but excluding any works and services explicitly excluded in this Agreement.
D. Contractor desires to plan, design, construct, erect, install, equip, start up, certify, calibrate, adjust and turn over Fab X in the manner provided for in
Recital C and to execute all Works necessary or expedient therefore and to execute the Works and to complete Fab X in a way meeting the standards provided
for in this Agreement. As consideration in full for executing the Works and completing Fab X in accordance with this Agreement, Company will pay to
Contractor the lump sum provided for in this Agreement
E. On the site adjacent to the Site, Contractor (or Contractor’s legal predecessor Meissner + Wurst GmbH + Co. KG) completed a wafer fabrication
support facility as well as later extensions and improvements thereto (this fabrication, the support facilities, the extensions and improvements is hereinafter
referred to as “Fab 30”) under a number of agreements, including a Design/Build Agreement with a third party (AMD Saxony Manufacturing GmbH, the legal
predecessor of AMD Saxony Limited Liability Company & Co. KG) of November 15, 1996 as amended, a hook-up agreement of February 28, 1998 as amended
and under later agreements especially under a letter of intent of June 7, 2000, an agreement of June 22, 2001 and a contract of November 28,/December 5, 2002).
From being involved in the works, services and deliveries under the aforementioned agreements, contracts and letters of intent and especially the details
related to and underlying the execution, rendering or making the works, services and deliveries, Contractor is aware of the details of the completion of a
state-of-the-art microprocessor wafer fabrication facility referred to in Recital C. Therefore, and because of surveys and examinations carried out by, or on
behalf of, Contractor, Contractor is aware of the standards and requirements of such project, especially about all specifics and requirements of clean room
conditions and is aware of the Site Condition, including the subsurface, environmental and hydrological condition. Moreover, Contractor is aware of the impact
executing the Works under this Agreement could have on the operation of, and the production in, the adjacent Fab 30. Contractor acknowledges that
Contractor is aware that any detrimental impact the execution of the Works may have on Fab 30 and the operation of, and production in, Fab 30 could lead to
losses, damages, claims etc, for which Contractor is liable to the extent provided for in this Agreement. Contractor, therefore, knows and acknowledges that
all and any Works to be executed under this Agreement shall – unless otherwise agreed upon by the Parties—be executed in a manner not affecting,
influencing, disturbing or having any other detrimental impact, including, but not limited to, detrimental impact by vibrations, on the operation of Fab 30 or the
production within Fab 30, including, but not limited to, the production of semiconductor processors. Contractor has examined and reviewed, and is aware of, all
and any conditions relating to the Site, including, but not limited to, ground conditions, subsurface conditions and
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004