AMD 2003 Annual Report Download - page 245

improper act or omission of the affected party), unusually severe weather conditions (as defined in this section), strikes or other concerted actions of
workmen (except to the extent caused by the affected party or persons or entities acting on the affected party’s behalf (Erfüllungsgehilfen) and except to
the extent that a strike had been announced in advance and provision could have been made to alleviate such strike’s effects), fires, floods, explosions,
riots, sabotage or shipwrecks (except to the extent such fires, floods, explosions, riots, sabotage, or shipwrecks were caused by the affected party or its
agents, officers, representatives, subcontractors or vendors), war and rebellion. As used in this no. 7.5 of this Agreement, the term “unusually severe
weather conditions” shall mean wheather condition that (i) Contractor establishes to Company’s reasonable satisfaction were not reasonable foreseeable
and (ii) were sufficiently severe that thirty percent (30 %) of the work force employed on the Site were unable to work, and (iii) resulted in delay that
affected the critical path set forth in the schedule provided for in no. 7.4 of this Agreement. Notwithstanding anything herein to the contrary, events of
“force majeure” shall not include the following: (I) delays caused by general economic conditions or (II) delays caused by open market conditions, such as
inability to procure labor or materials in the open market. Insufficiensies in the design of Fab X, rejection by Company pursuant to this Agreement of any
proposed subcontractor or material or absense of Contractor’s representatives or other personnel shall also not be considered as a just cause of delay.
Contractor shall be fully responsible for the timely ordering, scheduling, expediting, delivery, and installation of all material, items etc Therefore, delays
by vendors in manufacture or delivery of materials, which delays are not caused by force majeure, or shortages of labor or materials resulting from general
market conditions shall not be considered as a just cause of delay.
8. Distribution of Risk
Except otherwise provided in no. 6 the distribution of risk shall be exclusively governed by sections 644, 645 German Civil Code (BGB).
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004