AMD 1995 Annual Report Download - page 202

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Guarantor or otherwise, shall only constitute a discharge to the
Guarantor to the extent of the amount in the Currency of Account
which CSSD is able, in accordance with its usual practice, to
purchase with the amount of the Relevant Currency so received
or recovered in such other currency on the date of that receipt
or recovery (or, if it is not practicable to make that purchase
on that date, on the first date on which it is practicable to do
so).
4.2 If that amount in the Currency of Account is less than the
amount of the Currency of Account due to CSSD under or in
connection with this Guarantee, the Guarantor shall indemnify it
against any loss sustained by it as a result. In any event, the
Guarantor shall indemnify CSSD against the cost of making any
such purchase.
4.3 The indemnities contained in this Clause 4 constitute a separate
and independent obligation from the other obligations in this
Guarantee, shall give rise to a separate and independent cause
of action, shall apply irrespective of any indulgence granted by
CSSD and shall continue in full force and effect despite any
judgment, order, claim or proof for a liquidated amount in
respect of any sum due under this Guarantee or any judgment or
order. No proof or evidence of any actual loss may be required.
5. TAXES
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5.1 All sums payable by the Guarantor under this Guarantee shall be
paid (1) free of any restriction or condition, (2) free and
clear of and (except to the extent required by law) without any
deduction or withholding on account of any taxes and (3) without
deduction or withholding (except to the extent required by law)
on account of any other amount, whether by way of set-off or
otherwise.
5.2 If the Guarantor (or any person on its behalf) is required by
law to make any deduction or withholding on account of any such
tax or other amount from any sum paid or payable by the
Guarantor to CSSD under this Guarantee:-
(a) the Guarantor shall notify CSSD of any such requirement or
any change in such requirement as soon as it becomes aware
of it;
(b) the Guarantor shall pay any such tax or other amount before
the date on which penalties attach thereto;
(c) the sum payable by the Guarantor in respect of which the
relevant deduction, withholding or payment is required
shall be increased to the extent necessary to ensure that,
after the making of that deduction, withholding or payment,
CSSD receives on the due date and retains (free from any
liability in respect of any such deduction, withholding or
payment) a net sum equal to what it would have received and
so retained had no such deduction, withholding or
Source: ADVANCED MICRO DEVIC, 10-K405, March 21, 1996