AMD 1993 Annual Report Download - page 348

9
Company to immediately take the necessary steps to remedy the breach. The
award of the arbitrator shall be final and binding upon the parties. The award
may be enforced in any appropriate court as soon as possible after its
rendition. If an action is brought to confirm the award, both the Company and
Employee agree that no appeal shall be taken by either party from any decision
rendered in such action.
(g) Solely for purposes of determining the allocation of the
costs described in this subsection, the Administrator will be considered the
prevailing party in a dispute if the arbitrator determines (1) that the Company
has not breached this Agreement and (2) the claim by Employee or his or her
beneficiary was not made in good faith. Otherwise, Employee or his or her
beneficiary will be considered the prevailing party. In the event that the
Company is the prevailing party, the fee of the arbitrator and all necessary
expenses of the hearing (excluding any attorneys' fees incurred by the Company)
including stenographic reporter, if employed, shall be paid by the other party.
In the event that Employee or his or her beneficiary is the prevailing party,
the fee of the arbitrator and all necessary expenses of the hearing (including
all attorneys' fees incurred by Employee or his or her beneficiary in pursuing
his or her claim), including the fees of a stenographic reporter if employed,
shall be paid by the Company.
14. Collateral Security Assignment of Policy to the Company.
In consideration of the promises contained herein, the Employee has
contemporaneously herewith granted the Security Interest in the Policy to the
Company as collateral, under the form of Collateral Security Assignment
attached hereto as Exhibit A, which Collateral Security Assignment gives the
Company the limited power to enforce its rights to recover the cash value of
the Policy under the circumstances defined herein, or a portion of the death
benefit thereof. The Company's Security Interest in the Policy shall be
specifically limited to the rights set forth above in this Agreement,
notwithstanding the provisions of any other documents including the Policy.
Employee agrees to execute any notice prepared by the Company requesting a
withdrawal or non-recourse loan in an amount equal to the amount to which the
Company is entitled under Sections 5, 6 or 12 of this Agreement.
15. Employee's beneficiary rights and security interest.
(a) The Company and Employee intend that in no event shall
the Company have any power or interest related to the Policy or its proceeds,
except as provided herein and in the Collateral Security Assignment. In the
event that the Company ever receives or may be deemed to have received any
9
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1994