AMD 1994 Annual Report Download - page 251

11.5 If any of the provisions of this Agreement shall be invalid or
unenforceable, such invalidity or unenforceability shall not invalidate or
render unenforceable the entire Agreement, but rather the entire Agreement shall
be construed as if not containing the particular invalid or unenforceable
provision or provisions, and the rights and obligations of AMD and TSMC shall be
construed and enforced accordingly. This Agreement will be governed by the laws
of the State of California, U.S.A., and the parties agree they will be subject
to the personal jurisdiction of and litigation concerning this Agreement shall
be brought in courts located in the State of California, U.S.A.
11.6 All notices required or permitted to be given hereunder shall be in
writing by first class, certified or registered airmail, postage prepaid or by
telex or telefax, if confirmed or acknowledged, to the address specified below
or to such changed address as may have been previously specified in writing by
the addressed party:
If to TSMC:
Taiwan Semiconductor Manufacturing Corporation
No. 121, Park Avenue 3
Science Based Industrial Park
Hsin-chu, Taiwan
Republic of China
Attention: General Counsel
If to AMD:
Advanced Micro Devices, Inc.
One AMD Place
P.O. Box 3453
Sunnyvale, California 94088-3453
U.S.A.
Attention: General Counsel
Each such notice or other communication shall for all purposes hereunder be
treated as effective or as having been given as follows: (i) if delivered in
person, when delivered; (ii) if sent by airmail, at the earlier of its receipt
or at 5 p.m., local time of the recipient, on the seventh (7th) day after
deposit in a regularly maintained receptacle for the deposition of airmail; and
(iii) if sent by recognized courier service, on the date shown in the written
confirmation of delivery issued by such delivery service. Either party may
change the address and/or addressee(s) to whom notice must be given by giving
appropriate written notice at least seven (7) days prior to the date the change
becomes effective.
11.7 This Agreement and its Exhibits A through E set forth the entire
understanding between AMD and TSMC with respect to the subject matter hereof and
merges all prior agreements, dealings, and negotiations. The provisions of this
Agreement shall govern any sales contract between the parties for the sale and
purchase of the Products. Any terms or conditions printed on the face or the
reverse side of the AMD purchase order sheet and/or the TSMC acknowledgement
form shall not be part of this Agreement nor shall they constitute the terms and
conditions of the sales contract for the Products even in case such AMD purchase
order sheet or TSMC's
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995