AMD 1994 Annual Report Download - page 109

Payments and shall be applied to reduce the Balance Due (to the extent so
provided under the definition of `Qualified Payments')". In clause (b), the
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phrase "payment of the purchase price" is hereby changed to "the Taking Value
Payment".
17. Renovation of the Building. The following Section 21 is hereby
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inserted as the new Section 21 (replacing "Intentionally Omitted"):
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21. Renovation of the Building.
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21.1. Construction and Funding of the Renovations. The construction of
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the Renovations shall be carried out and constructed in accordance with
each of the terms and conditions of and shall be constructed and completed
within the time periods set forth in the Construction Schedule. In the
event of any conflict between the Consent Agreement and this Lease, the
terms and conditions of this Lease shall control. All of the Renovations
shall be part of the Leased Property and subject to Lessor's interest as
provided for in this Lease. Lessor shall reimburse Lessee for costs and
expenses incurred and paid by Lessee for such construction pursuant to the
terms of this Section 21; provided, however, in no event will the total of
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all Advances exceed the Maximum Advance Amount. Lessee agrees to fund all
amounts necessary to complete construction of the Renovations in excess of
the Maximum Advance Amount. Lessee acknowledges that Lessor is not under
any obligation to advance any portion of the funds previously advanced by
Lessor pursuant to this Section 21 which are repaid to Lessor by Lessee or
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by any third party as contemplated herein. Lessor shall not be liable to
Lessee for a failure to fund pursuant to this Section 21 to the extent
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Lender, for any reason, does not advance amounts to Lessor pursuant to any
loan agreements and other documents entered into between Lessor and Lender,
unless Lender's failure to fund is attributable to a failure of Lessor to
perform its obligations under any such loan agreement or other such
documents.
21.2. Request for Construction Funding. During the Fixed Term, but not
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later than March 8, 1994, Lessee may request Lessor to provide funding on
the first day of the next occurring Quarterly Period for the construction
of the Renovations. Each such request shall be in writing and presented to
the Lessor not less than ten (10) Business Days prior to the date specified
for funding the Advance. Each request for funding shall be for an amount
not less than One Million Dollars ($1,000,000).
21.3. Conditions Precedent to Initial Funding. The obligation of
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Lessor to make the initial Advance hereunder
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995