AMD 1996 Annual Report Download - page 120

occurred; (ii) CONTRACTOR shall have delivered to COMPANY all documents required
by Article 27, Article 28 and Article 29; and (iii) CONTRACTOR has performed all
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other tasks, furnished all other materials, if any, and rendered all services
required of it by the Contract, but excluding those tasks, materials, or
services necessary for the correction (in compliance with the provisions of
Article 18 hereof) of imperfections or other unsatisfactory qualities which may
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be discovered after the date of Final Completion. Final Acceptance of the
Facility by COMPANY shall in no way relieve CONTRACTOR of any obligations under
the Contract which extend beyond the date of Final Acceptance.
15.3.2 FINAL PAYMENT. Following Final Acceptance, CONTRACTOR shall
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submit its final Application for Payment. COMPANY shall make the final payment
after COMPANY has reviewed and approved the final Application for Payment.
Payment of the Retainage and the unpaid portion of the increases in the Fee
shall be made thirty (30) calendar days following receipt of the final
Application for Payment if the final Application for Payment satisfies all
prerequisites for payment pursuant to Section 17.5.
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15.4 RELEASE OF COMPANY. The acceptance by CONTRACTOR of the final payment
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shall release COMPANY from all claims and all liability to CONTRACTOR for all
things done or furnished in connection with the Project, and every act of
COMPANY and others relating to or arising out of Project. No payment, however,
final or otherwise, shall operate to release CONTRACTOR from obligations under
this Contract, including without limitation, subsequent audits, and warranties
and guarantees, as herein provided.
ARTICLE 16
COST OF THE WORK
16.1 BASIS OF FEE. COMPANY shall pay CONTRACTOR for CONTRACTOR'S
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performance of the Contract an amount (the "CONTRACT AMOUNT") consisting of (i)
the CONTRACTOR'S Fee described in Section 16.3 below plus (ii) the actual and
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reasonable and documented costs necessarily incurred by CONTRACTOR in the
performance of the Contract, including performance of Pre-Contract design
services, as detailed in Section 16.2 below (the "REIMBURSABLE COSTS"), plus
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(iii) all value added taxes due upon (i) and (ii) above.
16.2 REIMBURSABLE COSTS. Subject to (i) the understanding that
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reimbursement for any cost or expense or payment of any charge under the
provisions of any one of the items herein below enumerated shall preclude
reimbursement of such cost or expense or payment of such charge under the
provisions of any other of said items, and (ii) the principles set forth in
Section 16.2.4, COMPANY shall reimburse CONTRACTOR for the following items, all
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of which shall be subject to COMPANY'S rights of audit:
16.2.1 OFFICE COSTS.
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16.2.1.1 HOME OFFICE WAGES AND SALARIES. Reimbursement for the
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services performed hereunder by CONTRACTOR'S permanent employees in CONTRACTOR'S
home office Engineering, Purchasing, Construction, and Estimating Departments
for the time actually and necessarily expended in performing the work hereunder
in CONTRACTOR'S home offices for the time such employees are directly engaged in
the work hereunder including time spent by said employees at the job site or on
trips in connection with the work hereunder will be at the hourly rates
established for the job classification for the service such employees are
providing as set forth in Schedule 16.2.1.1 attached hereto and made a part
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hereof, as said Schedule is revised from time to time, but as to those employees
who are members of an organized collective bargaining unit, shall not exceed the
level of wages collectively bargained for in the area in which the work is being
performed. These hourly rates were calculated for each job
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997