AMD 1994 Annual Report Download - page 176

Certified mail, postage prepaid, to such party, addressed to its last known
address as shown on the records of the Company. The date of such mailing shall
be deemed the date of such mailed notice, consent, or demand.
18. Binding Agreement.
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This Agreement shall bind the parties hereto and their respective
successors, heirs, executor, administrators, and transferees, and any Policy
beneficiary.
19. Controlling law and characterization of Agreement.
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(a) To the extent not governed by federal law, this Agreement and the
right to the parties hereunder shall be controlled by the laws of the State of
California.
(b) If this Agreement is considered a "plan" under the Employee Retirement
Income Security Act of 1974 (ERISA), both the Company and Employee acknowledge
and agree that for all purposes the Agreement shall be treated as a "welfare
plan" within the meaning of section 3(1) of ERISA and that any rights that might
arise under ERISA if this Agreement were treated as a "pension plan" within the
meaning of Section 3(2) of ERISA are hereby expressly waived. Consistent with
the preceding sentence, Employee further acknowledges that his or her rights to
the Policy and the release of the Company's Security Interest are strictly
limited to those rights set forth in this Agreement. In furtherance of this
acknowledgement and in consideration of the Company's payment of the initial
premiums for this Policy, Employee voluntarily and irrevocably relinquishes and
waives any additional rights in the Policy or any different restrictions on the
release of the Company's Security Interest that he or she might otherwise argue
to exist under either state, federal, or other law. Employee further agrees that
he or she will not argue in any judicial or arbitration proceeding that any such
additional rights or different restrictions exist. Similarly, the Company
acknowledges that its Security Interest is strictly limited as set forth in this
Agreement and voluntarily and irrevocably relinquishes and waives any additional
interest or different interest or advantages that the Company would have or
enjoy if the Agreement were not treated as a "welfare plan" within the meaning
of Section 3(1) of ERISA.
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995