AMD 1994 Annual Report Download - page 188

days after receipt. If AMD fails to return the acknowledgment, AMD will be
deemed to have accepted any Order which conforms with the terms of this
Agreement. Acceptance by AMD is limited to the terms of Compaq's offer as
contained in this Agreement and the Order. No additional or different
provisions proposed by AMD shall apply unless expressly agreed to in writing
by Compaq. Compaq hereby gives notice of its objection to any additional or
different terms.
B. AMD agrees that all Compaq sites, and subsidiaries, wherever located, shall
be entitled to make purchases under this Agreement. In addition, at Compaq's
request, AMD agrees to drop ship Product to Compaq's subcontractors.
3. EARLY PRODUCTION PRODUCT AND TESTING
AMD agrees to provide Compaq with prototypes and early production samples of
Product for all new Products that Compaq notifies AMD it wishes to receive.
AMD shall use reasonable efforts to provide such prototypes and samples to
Compaq as soon as they become available, and [CONFIDENTIAL INFORMATION
OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION].
Compaq will use reasonable efforts to evaluate and test such prototypes and
early production samples of Product received from AMD and provide AMD with
feedback regarding Compaq's test results.
4. TERM OF AGREEMENT
A. The term of this Agreement shall be for [CONFIDENTIAL INFORMATION OMITTED
AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] (Term),
commencing on the Effective Date, unless extended pursuant to Section 4.B.
or 4.C. below.
B. The Term of this Agreement may be [CONFIDENTIAL INFORMATION OMITTED AND
FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE] extended for
[CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISSION]:
[CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISSION]
C. This Agreement shall be automatically renewed at the conclusion of the Term
for successive [CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH
THE SECURITIES AND EXCHANGE COMMISSION] periods unless one of the parties
indicates by written notice to the other party not less than [CONFIDENTIAL
INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION] prior to the end of the Term that it does not intend to renew
the Agreement. Notwithstanding the foregoing, the Agreement shall remain in
full force and effect and shall be applicable to any Order(s) issued by
Compaq to AMD during the Term of this Agreement until any and all
obligations of the parties under such Order(s) have been fulfilled.
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995