AMD 1994 Annual Report Download - page 115

21.7. Use of Funds. The proceeds of each Advance may be used only
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for the uses specified in the corresponding Draw Request and only in respect of
the Renovations in respect of which such Advance is made.
21.8. Progress of Construction. Lessee shall diligently pursue the
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construction and completion of the Renovations. Construction of all of the
Renovations shall be subject to the time requirements and deadlines provided for
in the Consent Agreement. Any failure to adhere to the time deadlines and
schedules set forth in the Consent Agreement shall constitute, at Lessor's
election, an Event of Default. Lessee shall deliver to Lessor prior to the date
construction must be completed under the Consent Agreement, each of the
following items in form and substance reasonably acceptable to Lessor, all at
Lessee's expense:
(a) Lien Waivers. Final unconditional lien waivers and releases from (i)
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the Contractor and (ii) all subcontractors and materials suppliers in respect of
all Renovations; and a final sworn statement from the Contractor.
(b) Architect's Completion Certificate. A certificate from the Architect
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certifying that construction has been substantially completed in accordance with
the Construction Documents and has been completed in accordance with all
applicable laws and regulations and all applicable governmental permits,
licenses and approvals, and will also comply with the requirements of all
covenants, conditions, and restrictions affecting the improved Parcel and
certifying that attached thereto are true, correct and complete copies of all
necessary or appropriate governmental permits, licenses and approvals for the
ownership, use and occupancy of the Leased Property (including a Certificate of
Occupancy), all of which have been issued, are unconditional and are in full
force and effect, unmodified. Lessee shall furnish Lessor with an original (or
copy certified by Architect) of the Architect's Certificate of Substantial
Completion which the Architect is required to issue pursuant to the Contractor's
Agreement. The requirement under Section 3.2.3(i) of the Consent Agreement that
Lessee deliver to Lessor an Architect's certificate shall be deemed satisfied by
delivery of the certificates required under this clause (b).
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(c) Final Plan. A copy, certified by Lessee or the Architect as being a
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true and correct copy, of the final Plans and Specifications containing all
field changes thereto made by the Contractor in the course of constructing the
Renovations. The delivery of such certified final Plans
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995