AMD 2003 Annual Report Download - page 243

•[***]*
The total of the contractual penalty to which Company is entitled for being in delay with meeting the milestone Fab X Ready for Equipment shall
not exceed [***]*.
The Parties acknowledge and confirm that the entitlement to contractual penalty does not impact on Company’s other or further rights or claims based on
the delay, including, but not limited to, Company’s right to claim compensation for damages because of such delay (Verzugs- und/oder
Verzögerungsschaden) including, but not limited to, damage due to allowance not being granted (Investitionszulagen). These other or further rights or
claims shall, however, be reduced by the amount of the contractual penalty to which Company is entitled.
The parties acknowledge and confirm, that the contractual penalty Company is entitled to shall be reduced to the amount of the actual damage (Verzugs-
und/oder Verzögerungsschaden) including, but not limited to, damage due to allowance not being granted (Investitionszulagen)) caused by the delay if the
milestone Fab Ready for Equipment is met despite one of or both of the other penalized milestones were not met. If the contractual penalty had already
been paid by Contractor and is to be reduced in accordance with the preceding sentence Company has to reimburse Contractor accordingly.
The Parties clarify that Company may reserve its right to demand a contractual penatly (Vorbehalt der Vertragsstrafe) until the due date of the final
invoice.
7.3. Further Milestones
In addition, Contractor is obliged to complete the following milestones (some of which are defined in Exhibit 14 Milestone Definitions) by the
following dates:
Milestone Date
Spine weathertight [***]*
Office weathertight [***]*
Office ready for Occupation [***]*
* Confidential treatment has been requested pursuant to section IV.1.(a) of the Confidential Treatment Request dated March 9, 2004.
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004