AMD 1993 Annual Report Download - page 234

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expert services or to give testimony at the arbitration
proceedings, subject, in the case of such experts, to execution
of a legally binding written statement that such expert is fully
familiar with the terms of this section, agrees to comply with
the confidentiality terms of this section, and will not use any
Confidential Information disclosed to such expert for personal or
business advantage.
Section 10.6. Entire Agreement. This Agreement
and the attachments hereto embody the entire agreement and
understanding between the parties with respect to the subject
matter hereof, superseding all previous communications,
agreements and understandings, whether written or oral. Neither
party has relied upon any representation or warranty of the other
party except as expressly set forth herein.
Section 10.7. Modification. This Agreement may
not be modified or amended, in whole or part, except by a writing
executed by duly authorized representatives of both parties.
Section 10.8. Announcement. The parties may
announce the existence of the parties' relationship and this
Agreement at a time and in a form to be mutually determined.
Neither party shall unreasonably withhold its consent to a time
proposed by the other party.
Section 10.9. Severability. If any term or
provision of this Agreement shall be determined to be invalid or
unenforceable under Applicable Law, such provision shall be
deemed severed from this Agreement, and a reasonable valid
provision to be mutually agreed upon shall be substituted. In
the event that no reasonable valid provision can be so
substituted, the remaining provisions of this Agreement shall
remain in full force and effect, and shall be construed and
interpreted in a manner that corresponds as far as possible with
the intentions of the parties as expressed in this Agreement.
Section 10.10. No Waiver. Except to the extent
that a party hereto may have otherwise agreed in writing, no
waiver by that party of any condition of this Agreement or breach
by the other party of any of its obligations or representations
hereunder shall be deemed to be a waiver of any other condition
or subsequent or prior breach of the same or any other obligation
or representation by the other party, nor shall any forbearance
by the first party to seek a remedy for any noncompliance or
breach by the other party be deemed to be a waiver by the first
party of its rights and remedies with respect to such
noncompliance or breach.
Section 10.11. Nature of Rights. Each party
shall have the right to the other party's IPR licensed under this
Agreement when created, developed or invented, regardless of
whether physically delivered to such party. All rights and
licenses granted under or pursuant to this Agreement by a party
("licensor party") to the other party ("licensee party") are, for
purposes of Section 365(n) of the U.S. Bankruptcy Code (the
"Bankruptcy Code"), licenses of "intellectual property" within
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1994