AMD 1996 Annual Report Download - page 112

10.4 NO EFFECT ON CONTRACTOR'S OTHER RESPONSIBILITIES. Unless expressly
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agreed to the contrary and confirmed in writing at the time when any change,
addition, or omission is authorized, it is understood that with respect to all
changes, additions and omissions in the Construction Work, and all modifications
in the design of the Facility or work thereon from that described in the final
Design Documents, Project Schedule and Project Budget, (i) any and all work and
materials required for said change or addition (or, in the case of an omission,
required to accomplish said omission) shall be subject to the same warranties
and guarantees as the balance of the work and materials covered by the Contract;
and (ii) all other obligations and responsibilities of CONTRACTOR with respect
to the construction originally planned shall be held to apply to the work and
materials required for, or to accomplish, said change, addition, or omission.
ARTICLE 11
INSPECTION AND TESTING DURING CONSTRUCTION
11.1 CONTRACTOR'S SHOP INSPECTIONS. CONTRACTOR shall inspect at its own
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shops or at the shops of subcontractors and vendors those materials for the
Facility that are designated in the Contract Documents to be tested by non-
destructive means pursuant to a testing plan that will be developed by COMPANY
and CONTRACTOR. CONTRACTOR shall insure that the testing plan is developed
prior to CONTRACTOR'S purchasing materials or equipment that would reasonably
require testing or entering into any subcontracts or purchase orders.
CONTRACTOR shall upon COMPANY'S request provide the test results to COMPANY.
CONTRACTOR shall also make necessary field inspections of materials after same
are delivered to the job site and while field fabrication operations are being
performed thereon.
11.2 MEASUREMENTS AND SUITABILITY. CONTRACTOR'S inspection shall in all
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cases include making all necessary measurements and records for establishing the
suitability and soundness of the materials.
11.3 INSPECTION REPORTS. CONTRACTOR shall furnish COMPANY or COMPANY'S
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Inspector (defined in Section 11.5 below) if one is appointed, six (6) copies
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each of (i) certified results of all tests, (ii) certificates of inspection, and
(iii) routine inspection reports for all materials which CONTRACTOR inspects.
These shall in each case be delivered to COMPANY or COMPANY'S Inspector as soon
as possible (preferably, within six (6) working days) after CONTRACTOR'S
inspection of the materials involved is made.
11.4 COMPANY'S INSPECTIONS. COMPANY shall have the right to inspect, at
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its own expense, any and all materials which CONTRACTOR furnishes and provides
for the Facility; and, at its election, may exercise said right either at
CONTRACTOR'S shops or, subject to Section 11.5 below, subcontractors' or
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vendors' shops or at the Site or both at CONTRACTOR'S shops or, subject to
Section 11.5 below, subcontractors' or vendors' shops and at the Site.
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CONTRACTOR shall, and shall require its subcontractors and vendors to, at all
times, provide COMPANY and COMPANY'S Inspector (defined in Section 11.5 below)
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with safe access to the Construction Work wherever it is in preparation or
progress, including maintenance of temporary and permanent access, and
CONTRACTOR shall, and shall require its subcontractors and vendors to, at all
times, furnish COMPANY'S Inspector sufficient, safe, and proper facilities for
the inspection of work that they perform and materials that they furnish; and
shall also furnish COMPANY'S Inspector with test reports, analyses, and the like
pertaining to the materials involved in the inspection not later than the times
when such work and materials are submitted to COMPANY'S Inspector for
inspection. CONTRACTOR shall furnish, without extra charge, the necessary test
pieces and samples, including facilities and labor for obtaining the same, as
detailed in the specifications. When required, CONTRACTOR shall furnish
certificates of tests of materials made at the point
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997