AMD 1993 Annual Report Download - page 293

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Section 12.6. Entire Agreement. This Agreement, the Joint
Venture Agreement, the other Associated Agreements (as defined in the Joint
Venture Agreement), and the attachments and exhibits hereto and thereto, embody
the entire agreement and understanding between the parties with respect to the
subject matter hereof, superseding all previous and contemporaneous
communications, representations, agreements and understandings, whether written
or oral, including without limitation that certain Memorandum of Understanding
between Fujitsu and AMD dated July 13, 1992 and the Nondisclosure Agreements.
No party has relied upon any representation or warranty of any other party
except as expressly set forth herein, in the Joint Venture Agreement and in the
Associated Agreements.
Section 12.7. Modification. This Agreement may not be modified
or amended, in whole or part, except by a writing executed by duty authorized
representatives of all parties.
Section 12.8. 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. No party shall unreasonably withhold its
consent to a time proposed by any other party.
Section 12.9. 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 12.10. 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 any 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 any other party, nor shall any forbearance by
the first party to seek a remedy for any noncompliance or breach by any other
party be deemed to be a waiver by the first party of its rights and remedies
with respect to such noncompliance or breach.
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1994