AMD 2003 Annual Report Download - page 236

entitled to submit a bid. Company shall have the right to provide additional bids. Based on the bids – of which Company is provided with copies -
Contractor shall submit to Company a written proposal which bid Contractor considers most favorable for Company which proposal shall contain the
underlying reasons.
Contractor is entitled to a fee of [***]* of the remuneration to be paid to the respective subcontractor (as general contractor’s fee
(Generalübernehmerzuschlag) and of [***]* of the remuneration to be paid to the respective subcontractor as lump sum for the indirect costs of
Contractor in addition to the costs to be paid to the respective subcontractor in accordance to the respective subcontract.
The Parties clarify that not Company but Contractor shall be party to the subcontracts and that the provisions of this Agreement relating to
subcontractors shall apply unless explicitly provided otherwise in this no. 4.2.
4.3. Payments
In case of reductions the respective reduction will be considered in the next invoice regarding a payment on account (Abschlagsrechnung) and the amount
invoiced is reduced accordingly. In cases of increases of remuneration the respective increase shall be – in verifiable form and explaining the calculation of
the increase and the basis thereof in detail – included in the invoice regarding the payment on account which relates to the Works the change or
Additional Works relate(s) to.
In case of a termination of the entire Agreement under the termination provisions contained in no. 13.2 of this Agreement, Contractor shall be only
entitled to the remuneration provided for in these termination provisions.
* Confidential treatment has been requested pursuant to section IV.1.(b) of the Confidential Treatment Request dated March 9, 2004.
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004