AMD 1994 Annual Report Download - page 250

using and selling the previously delivered Die or Wafers or modify them to
become noninfringing, or refund the purchase price for such previously delivered
Die or Wafers.
10.3 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ITS PERFORMANCE OR FAILURE TO
PERFORM UNDER THIS AGREEMENT, OR THE FURNISHING, PERFORMANCE, OR USE OF ANY
GOODS OR SERVICES SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE. ALL IMPLIED WARRANTIES, WHETHER OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE ARE EXPRESSLY
DISCLAIMED.
10.4 AMD and TSMC warrant and represent to the best of their knowledge that each
has the right to enter into this Agreement and each portion of it to have TSMC
manufacture Products for AMD. If either party becomes aware of a change to its
continuing warranty and representation obligation under this Section, it shall
so notify the other party and allow the other party an option exercisable within
thirty (30) days of such notice to terminate this Agreement upon further thirty
(30) days notice.
11. GENERAL
11.1 Neither party shall be in breach hereunder for any failure to perform due
to causes beyond its reasonable control, including but not limited to acts of
God, war, riot, embargoes, labor stoppages, acts of civil or military
authorities, fire, floods, earthquakes or accidents, provided that the parts
suffering such delay immediately notifies the other party of the delay and
diligently works to end such delay.
11.2 TSMC will comply fully with the Export Administration Regulations of the
U.S. Department of Commerce as they may be in force from time to time and
specifically will not transmit, directly or indirectly, any "technical
information" acquired hereunder, or any direct product of such information to
Afghanistan, the Peoples Republic of China, or any "Q, S, W, Y, or Z" country,
as such Terms are defined in such Regulations.
11.3 Both parties agree that the details connected with this Agreement will not
be published or disclosed without the other party's written permission.
However, the parties may by mutual agreement issue a public announcement and
contemplate that thereafter there will be occasions when public announcements
will be mutually agreed to between the parties concerning the existence of
and/or the progress of the parties under this Agreement.
11.4 The relationship of each party to the other under this Agreement shall be
that of an independent contractor, fully responsible and liable for its own
activities under this Agreement. Neither party shall hold itself out as having
authority to bind legally the other without the other party's prior written
permission. Subject to the limitations set forth in this Agreement, this
Agreement will inure to the benefit of and be binding upon the parties, their
successors, administrators, heirs and assigns.
11
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995