AMD 1994 Annual Report Download - page 101

Preconstruction Value: the meaning specified in Section 21.3(b).
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Qualified Payments: means all payments received by Lessor from time to
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time during the term of this Lease from any party (1) under any casualty
insurance policy as a result of damage to the Leased Property or the Land,
(2) as compensation for any restriction placed upon the use or development
of the Leased Property or the Land or for the condemnation of the Leased
Property or the Land or any portion of either thereof, (3) because of any
final judgment, decree or award for injury or damage to the Leased Property
or the Land, or as a result of any settlement, agreed to by Lessor and
Lessee in writing, of any claim by Lessor for injury or damage to the
Leased Property or the Land, or (4) under any title insurance policy or
otherwise as a result of any title defect or claimed title defect with
respect to the Leased Property or the Land, but only to the extent that
such payment compensates Lessor for such title defect (excluding, for
example, reimbursement of legal fees or other defense costs); provided,
however, that (x) in determining "Qualified Payments", there shall be
deducted all expenses and costs of every kind, type and nature (including
Taxes and attorneys' fees) incurred by Lessor with respect to the
collection of such payments or the defense or prosecution of any claims,
(y) "Qualified Payments" shall not include any payment to Lessor by Lender
or a participant or Affiliate of or lender to Lessor that is made to
compensate Lessor for Lender's or such the participant's or Affiliate's
share of any costs, expenses, liabilities or losses which Lessor may incur
as a result of any of the events described in the preceding clauses (1)
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through (4) and (z) "Qualified Payments" shall not include any payments
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received by Lessor that Lessor has paid to Lessee or any other person for
the restoration or repair of the Leased Property or the Land or that Lessor
is holding as escrowed proceeds (pursuant Section 47). For purposes of
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computing the total Qualified Payments paid to or received by Lessor as of
any date, payments described in the preceding clauses (1) through (4) will
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be considered as escrowed proceeds (pursuant to Section 47), not Qualified
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Payments, until they are actually applied as Qualified Payments by Lessor,
which will generally not occur until the first Installment Date which is at
least three (3) Business Days after Lessor's receipt of the same; and
provided further, that all insurance proceeds in connection with any damage
to the Leased Property or the Land as provided for in Section 19 hereof (or
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Section 19 of the Land Lease) or condemnation proceeds relating to a Taking
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as provided in Section 20 hereof (or Section 20 of the Land Lease) shall
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remain escrowed proceeds (pursuant to Section 47 hereof or
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995