AMD 2003 Annual Report Download - page 281

§ 20 Confidentiality
20.1 Each Party is obliged, in relation to all confidential information, of which it becomes aware in the preliminary stages of the negotiations and presentations
involved in the execution of this Agreement and/or in its capacity as a Party to this Agreement and/or to the agreements which are attached hereto as
appendices, to maintain confidentiality vis-à-vis third parties. Each Party is obliged to use such information only for the purpose for which it has received
same. The Parties undertake to subject their employees, representatives, shareholders and lenders to confidentiality to the usual extent. Each Party shall
permit access to such information by its employees, agents, lenders and advisors only if and to the extent that they require such information for the
performance of this Agreement and are subject to corresponding confidentiality obligations. Each Party may communicate confidential information to
members of the legal, accountancy or taxation professions which are subject to professional confidentiality obligations, if and to the extent this is
necessary in their own legitimate interests. The communication of confidential information to the Banks financing AMD Fab X/the capital contributions of
the AMD Fab X partners, to the guarantors guarantying for the bank loans or to the European Union is permissible and must be subject to the
corresponding confidentiality obligations (in the case of the EU: insofar as legally required). Further exceptions to the confidentiality obligation may be
permitted in individual cases by separate agreements.
Notwithstanding any of the above or below provisions in this Agreement or in any other written or oral agreement made between the Parties or by which
the Parties are bound, each Party shall be entitled to disclose the U.S. income tax treatment and the U.S. income tax structure of this Agreement and of the
agreements related herewith. This right to disclose includes the right of each Party to involve without any limitation tax consultants regarding the U.S.
income tax treatment and the U.S. income tax structure of this transaction and of the agreements related therewith. This right does not include the
disclosure of any other information, including but not limited to, (i) any part of documents not relating to the U.S. income tax treatment and the U.S.
income tax structure of the transactions as set out in this Agreement or the agreements related herewith; (ii) the identity of participants or potential
participants in the transaction, except to the extent that such information relates to the U.S. income tax treatment and the U.S. income tax structure of the
transaction as set out in this Agreement or in the agreements related herewith; (iii) the existence or status of
19
Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004