AMD 1993 Annual Report Download - page 286

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PURPOSE, WARRANTIES OF FREEDOM FROM ERRORS OR DEFECTS, OR WARRANTIES OF
NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND NONE OF THE
PARTIES HERETO SHALL BE RESPONSIBLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER OR NOT SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING IN ANY WAY
OUT OF THIS AGREEMENT OR ANY IPR, TECHNOLOGY, PRODUCTS, PROCESSES, DESIGNS,
DOCUMENTS OR INFORMATION LICENSED OR OTHERWISE PROVIDED PURSUANT TO THIS
AGREEMENT.
Article 11. TERM AND TERMINATION.
Section 11.1. Term. This Agreement shall become effective as of
the Effective Date and, unless and until terminated hereunder, shall continue
until the occurrence of a Transitional Event, at which time this Agreement
shall terminate.
Section 11.2. Termination. Termination of this Agreement may
result from the events listed below. Each party agrees to give prompt written
notice to the other parties of the happening of any such event.
(a) If any party hereto defaults in the performance of any
material obligation hereunder, a non-defaulting party may give written notice
thereof and the parties shall discuss the problem arising from such default in
good faith and seek to resolve such problem. If such default is not corrected
or otherwise addressed by the defaulting party to the satisfaction of all of
the non-defaulting parties within ninety (90) days after the written notice of
such default then a non-defaulting party may, in addition to any other remedies
it or they may have, terminate this Agreement by written notice. This
Agreement shall terminate on the thirtieth (30th) day after such notice of
termination.
(b) Any party hereto may terminate this Agreement by giving
written notice of termination to the other parties at any time, upon or after:
(i) the filing by such other party of a petition in
bankruptcy or insolvency;
(ii) any adjudication that such other party is bankrupt or
insolvent;
(iii) the filing by such other party of any legal action or
document seeking reorganization, readjustment or arrangement of such other
party's business under any law relating to bankruptcy or insolvency;
(iv) the appointment of a receiver or bankruptcy trustee
for all or substantially all of the property of such other party;
(v) the making by such other party of any general
assignment for the benefit of creditors; or
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1994