AMD 1994 Annual Report Download - page 222

11.3.3 the filing by such other party of any legal action or document
seeking reorganization, readjustment or arrangement of its
business under any law relating to bankruptcy or insolvency; or
11.3.4 the appointment of a receiver for all or substantially all of
the property of such other party; or
11.3.5 the making by such other party of any assignment for
the benefit of creditors; or
11.3.6 the institution of any proceedings for the liquidation or
winding up of such other party's business or for the
termination of its corporate charter; or
11.3.7 the majority ownership or the controlling entity of the
other party is changed.
11.4 Termination shall not rescind any payment which has been made or which has
become due and owing prior to the date of such termination, nor shall it relieve
any party of any obligation for performance or payment due and owing which has
accrued prior to the date of termination, unless a remedy for such non-
performance or non-payment is otherwise provided for in this Agreement. The
rights and obligations of the parties under Sections 6, 7, 9, 11.4, 12, 13, and
23 shall survive termination for any reason.
11.5 DIGITAL and AMD agree to discuss potential cooperation in design, process,
and manufacturing as an addition to this Agreement or another agreement as
appropriate.
SECTION 12 - WARRANTY AND INDEMNITY
12.1 DIGITAL warrants any DEVICES delivered hereunder will meet the AMD DEVICE
SPECIFICATION and shall be free from defects in material and workmanship, under
normal use and service, from the time of shipment to AMD through a period of
[CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND
EXCHANGE COMMISSION]. If during such warranty period (i) DIGITAL is notified
promptly in writing upon discovery of any defect or nonconformance in the
DEVICE, including a detailed description of the defect or nonconformance; (ii)
samples of such DEVICES are returned to DIGITAL pursuant to a DIGITAL Return
Material Authorization (RMA); (iii) DIGITAL's examination of such DEVICES
discloses that such DEVICES are defective or nonconforming, and such defects or
nonconformance are not caused by accident, abuse, misuse, neglect, improper
installation, repair or alteration by someone other than DIGITAL, improper
testing or use contrary to any instructions issued by DIGITAL within a
reasonable time, DIGITAL shall, at DIGITAL's sole option, either replace or
credit AMD for such DEVICES. This warranty extends to AMD only and may be
invoked by AMD only for itself or its customers. DIGITAL will not issue RMAs
to, or accept warranty returns directly from, customers or users of AMD's
products. Prior to the return of any DEVICES by AMD, AMD shall afford DIGITAL
the opportunity to inspect such DEVICES at AMD's location.
12
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995