AMD 1994 Annual Report Download - page 189

5. [CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISSION] PRODUCT & NEW CAPACITY
A. AMD shall offer for purchase by Compaq all new Products that AMD markets or
intends to market. AMD agrees that Compaq shall have the [CONFIDENTIAL
INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION] made available by AMD, except for [CONFIDENTIAL INFORMATION
OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]
that are equivalent in form, fit, function and performance to products from
other third party suppliers and such third party suppliers' products are
used in computer systems which are generally available in the marketplace
("Equivalent Products"). For each Product that Compaq [CONFIDENTIAL
INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION], AMD agrees that each such Product will include any similar
Product which does not have significant functional or performance
differences.
B. The parties agree to negotiate a separate agreement for any co-developed
product, and any exclusivity benefits desired by Compaq will be as set forth
in such separate agreement.
C. [CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISSION]
[CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISSION]
For Equivalent Product, Compaq will be entitled, for a period or six (6)
months following first production shipment of such Equivalent Product,
[CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISSION].
D. If, at any time during the [CONFIDENTIAL INFORMATION OMITTED AND FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] of a particular
Product, a third party ships a product such that AMD's Product now can be
classified as an Equivalent Product, then AMD may, at its option, and upon
written notice to Compaq, immediately terminate Compaq's [CONFIDENTIAL
INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION] for that particular Product, except that Compaq shall be
entitled to the [CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH
THE SECURITIES AND EXCHANGE COMMISSION] for a period of six (6) months from
the date that Compaq's [CONFIDENTIAL INFORMATION OMITTED AND FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION].
E. AMD shall notify Compaq if and when AMD builds or obtains new or additional
production capacity so that Compaq may, at its option elect to forecast (as
shown in Exhibit A) and/or order more Product.
6. PRICING
A. [CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISSION] days prior to the end of the then-current quarter,
Compaq and AMD shall meet to review pricing for the following quarter
(Pricing Meeting). At the Pricing Meeting, Compaq and AMD shall agree on the
price for Product
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995