AMD 2003 Annual Report Download - page 244

Ready for Unrestricted Hook Up [***]*
The fact that these milestones are not subject to contractual penalty does not impact Contractor’s responsibility for meeting these milestones or
Contractor’s liability for damages, losses etc. resulting from Contractor culpably being in delay with punctually completing the relevant part of the
Works necessary for complying with the relevant milestone. In case of hindrances or other delays which do not result from culpable conduct of
Contractor or in case of Contractor being entitled to additional time due to orders of Company to execute Additional Works, the last two sentences of
no. 7.1. shall be applied accordingly.
7.4. Schedule
Contractor shall – within two weeks from signing this Agreement – furnish to Company a detailed schedule based on the milestones provided for in this
Agreement and on the critical path method showing all activities and Works to be executed and the time frame within which these activities and Works
shall be executed as well as the implications and consequences of these activities and Works, especially the impact of each activity or work on each other.
The time schedule to be provided within two weeks from signature of this Agreement shall be based on and reflect the preliminary time schedule attached
as Exhibit 15 Time Schedule. If the project falls behind schedule the Contractor shall prepare and submit for Company´s approval a recovery plan
showing such actions as may be required to restore the schedule. Contractor shall only be entitled to compensation for additional costs of these actions,
and these costs shall only be considered reimbursable costs, if Contractor proves that falling behind the schedule was not due to Contractor.
7.5. Force Majeure
Neither Party shall be liable for delays which are caused by events of force majeure. Occurences beyond the control of the party affected shall constitute
force majeure of such affected party, including, but not limited to, acts of governmental authority (excluding delays attributable to the party’s delays or
other fault and excluding proper exercise of the police power response to an
* 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