AMD 1995 Annual Report Download - page 134

AMD and Intel Confidential
AMD or INTEL that either party incorporates into any [CONFIDENTIAL
INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION] that AMD or INTEL manufactures for its customers.
8.0 EFFECTIVE DATE, TERM AND TERMINATION
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8.1 This Agreement shall become effective on the Effective Date, and shall
continue in effect, unless sooner terminated as elsewhere provided in
this Agreement, through December 31, 2000, expiring at the end of such
day.
8.2 If either party hereto commits a material breach of this Agreement and
does not correct such breach within forty-five (45) days after written
notice complaining thereof is given to such party, this Agreement may be
terminated forthwith by written notice to that effect from the
complaining party.
8.3 This Agreement is a license for "Intellectual Property" as that term is
defined under Section 365(n) of the Bankruptcy Code.
8.4 If this Agreement is terminated pursuant to Paragraph 8.2, all licenses
granted to the defaulting party and its Subsidiaries shall terminate
forthwith, but the licenses granted to the party not in default and its
Subsidiaries shall survive such termination of this Agreement for the
life or lives of AMD Patents or INTEL Patents, as the case may be.
8.5 Upon the expiration of this Agreement, the licenses extended under
Paragraph 4.7 shall end and the other licenses granted pursuant to this
Agreement by one party hereto and its Subsidiaries, to the other party
hereto and its Subsidiaries under AMD Patents or INTEL Patents, as the
case may be, shall survive for the life or lives of AMD Patents or INTEL
Patents, as the case may be. In addition, upon the expiration of this
Agreement, the licenses granted pursuant to this Agreement by one party
hereto and its Subsidiaries, to the other party hereto and its
Subsidiaries under AMD copyrights or INTEL copyrights, as the case may
be, shall survive for the life or lives of AMD copyrights or INTEL
copyrights, as the case may be.
8.6 Upon expiration or termination of this Agreement the provisions of
Sections 5, 7 and 9 shall survive.
9.0 MISCELLANEOUS PROVISIONS
------------------------
9.1 Each of the parties hereto represents and warrants that it has the right
to grant the other the licenses granted herein.
9.2 If AMD completes an acquisition of NexGen, Inc. (NexGen), then AMD shall
take appropriate action to assure that all patents and patent
applications owned by NexGen at any time prior to or after the
acquisition shall be included as AMD Patents licensed to INTEL under this
Agreement. AMD presently intends to acquire all such patents and patent
applications owned by NexGen in the event of such acquisition. Prior to
such
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Source: ADVANCED MICRO DEVIC, 10-K405, March 21, 1996