AMD 1996 Annual Report Download - page 110

9.6 COMPUTERS. All of CONTRACTOR'S personal computers, work stations and
---------
printers shall operate in the same computing environment that COMPANY maintains,
including without limitation PCs running Microsoft Windows, MS Word and MS
Excel. The version of any software used by CONTRACTOR shall be totally
compatible with COMPANY'S software and equipment. CONTRACTOR must insure that
all computer files and other data and disks given to COMPANY, and all computer
files used in the field, are virus-free by routine, daily use of a virus-
detecting program.
9.7 Import Requirements. Contractor shall be responsible for securing all
-------------------
necessary import licenses and permits and for complying with all applicable
customs and other import requirements applicable to the Construction Work.
ARTICLE 10
CHANGES, ADDITIONS, AND OMISSIONS IN THE WORK
10.1 KEEPING ACCOUNT OF CHANGES. The Fab 30 Preliminary Design, including
--------------------------
all documents which have been agreed upon by the parties on or before the date
of execution of this Contract and that define modifications to the Fab 30
Preliminary Design, shall serve as the basis for keeping account of changes,
additions, and omissions in the Facility. The effect of all changes, additions
and omissions on the Project Budget and the Project Schedule shall be accounted
for separately so that a record will be maintained of the initial Project Budget
and the initial Project Schedule. As to any change, addition or omission that
must be incorporated into the Project Budget or Project Schedule, the effect on
the Project Budget and Project Schedule (and on CONTRACTOR'S Budgeted Fee) will
be reflected in the document reflecting COMPANY'S approval of the change,
addition or omission (the "CHANGE ORDER").
10.2 PROPOSING AND APPROVING CHANGES. Both parties hereto may from time to
-------------------------------
time suggest modifications in the design of the Facility or the performance of
the Construction Work which (i) involve changes or additions in the construction
(which as used in this Article 10 shall mean materials or work to be performed)
----------
required by the Contract, or (ii) involve the omission of certain work or
materials from said construction, or (iii) involve acceleration or delay of the
milestones for substantial completion of one or more Construction Phases set
forth in the Project Schedule. However, no such change, addition, or omission
shall be made in the construction unless authorized in writing by COMPANY at the
time when the suggested modification in design or performance of the work or
acceleration or delay of the Project Schedule is under consideration except in
an emergency endangering life or property. In case COMPANY authorizes any such
change, addition, or omission as aforesaid, COMPANY shall execute a Change
Order, and CONTRACTOR shall incorporate same in the final construction unless
CONTRACTOR can show, and it is mutually agreed, that said change, addition, or
omission would (a) place CONTRACTOR'S guarantees in jeopardy, (b) make it
impossible for CONTRACTOR to comply with other provisions of the Contract
relating to the original construction not disturbed by nor involved in said
change, addition, or omission, or (c) make the Facility or any part thereof
unsafe. If it is agreed that said change, addition, or omission would jeopardize
CONTRACTOR'S guarantees or would make it impossible for CONTRACTOR to comply
with said other provisions of the Contract (but would not make the Facility or
any part thereof unsafe), COMPANY may, at its option, authorize the substitution
of mutually acceptable revised guarantees or mutually acceptable revised
provisions for the existing ones and insist that the change, addition, or
omission be made in the construction. However, if it is agreed that said change,
addition, or omission would make the Facility or any part thereof unsafe and
cannot be satisfactorily modified to eliminate the hazard to safety, the matter
shall be dropped. In order to be binding on COMPANY and CONTRACTOR, (x) every
Change Order, whether or not it increases or decreases the Budgeted Cost of the
Work or accelerates or delays the Project Schedule,
24
Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997