AMD 2003 Annual Report Download - page 257

There shall be no limitation on Contractor’s liability for damages resulting from Contractor’s gross negligent or intentional conduct.
14.3.2. If and to the extent consequential damage, e.g. loss of profit, loss of production, loss of use, loss of interest, plant downtime costs, occurs and does not
result from gross negligent or intentional conduct the liability of Contractor shall be limited to [***]*. Contractor assigns to Company (and Company
accepts this assignment) all and any claims related to Company’s damage against third parties exceeding the amounts payable (by Contractor) to
Company under the first sentence of this no. 14.3.2 and Contractor shall assist Company in all and any proper way to enable Company to enforce such
claims.
There shall be no limitation on Contractor’s liability for damages resulting from Contractor’s gross negligent or intentional conduct.
14.3.3. The Parties clarify and confirm that the amount of damages Company shall be entitled to in case of delay shall be limited to a maximum of the potential
maximum amount of contractual penalties [***]*. The Parties clarify that such damage includes, but is not limited to damage resulting from delays
(Verzögerungs- und Verzugsschäden) including, but not limited to, all and any losses due to allowances not being granted (Verluste dadurch, daß
Investitionszulagen nicht gewährt wurden).
Contractor assigns to Company (and Company accepts this assignment) all and any claims against third parties related to Company’s damage
exceeding any amounts payable (by Contractor) to Company under sentences 1-2 of this no. 14.3.3 and Contractor shall assist Company in all and any
proper way to enable Company to enforce such claims.
[***]*.
14.4. Insurance
Contractor shall conclude, and maintain during the entire term of this Agreement, a liability insurance (Haftpflichtversicherung einschließlich
Betriebshaftpflichtversicherung, Bauwesen- und Montageversicherung sowie Umwelthaftpflichtversicherung) of a coverage of not less than [***]* per
occurrence and of [***]* per calendar year each.
* 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