AMD 2003 Annual Report Download - page 274

5.2 The Parties are aware that the requirements of EU law may not be satisfied in time to cover the financing requirements of AMD Fab X. Because of this, it
is possible that delays in obtaining third party financing for the Fab X could arise. In this event, AMD undertakes to bridge any financial shortfalls
occurring until March 31, 2004. If the decision of the EU should not be available by April 1, 2004, the Parties will consult with each other regarding the
continuation of the project. AMD shall then have the right to end the project. In such case, AMD agrees to pay back the capital contributions made by
Saxony and M+W, if any.
5.3 Apart from payment of their capital contributions and without affecting the provisions of Section 6, Saxony and M+W are not obliged to provide
additional finance, even if the capital of AMD Fab X is not sufficient for its requirements.
5.4 If the project is terminated by AMD prior to full payment of all contributions, AMD warrants to M+W that M+W’s liability shall be limited to [***]* of its
paid-in contribution. Any difference amount shall be reimbursed by AMD to M+W.
§ 6 Grants and Allowances
Saxony supports investment grants in the maximum amount legally permissible out of the funds of the joint tasks project “Improvement of the Regional
Economic Structure” (GA) – “GA Means”. If the total amount of the investment grants from GA Means which have been promised in a legally binding
way and the investment allowances granted in a legally binding way exceeds the total grant admissible pursuant to the EU ruling, the investment
allowances granted in a legally binding way are to be used first.
* 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