AMD 1996 Annual Report Download - page 145

CONTRACTOR shall flush equipment as required (using suitable precautions to
prevent damage from freezing); check to see that all mechanical equipment and
electrical equipment relating to the Wafer Process Equipment or the system to be
tested in the Facility is in good working order and properly connected; make
preliminary run-ins of the various pumps and compressors relating to the Wafer
Process Equipment or the system to be tested in the Facility; purge equipment as
required, and perform all other tasks that shall be needed for preparing and
conditioning the Facility for installation of the Wafer Process Equipment or for
conduct of any System Performance Test using in such work all reasonable
precautions that may be necessary to prevent damage of any kind, from any cause
or causes, to the Facility or any part thereof or to any chemicals intended for
use therein. COMPANY shall furnish, at no cost to CONTRACTOR, all operating
personnel (other than vendors' or subcontractors' service engineers) needed to
operate equipment in the Facility which must be operated during the period that
the Facility is being prepared and conditioned for occupancy and testing as
aforesaid. Such personnel will perform their duties under CONTRACTOR'S
direction and COMPANY'S supervision, and CONTRACTOR will have a skilled operator
or operators present at the Site to furnish such direction and representation as
needed during said period on each shift when such work is being performed.
24.2 CALIBRATION OF INSTRUMENTATION. As a part of CONTRACTOR'S work in
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preparing the Facility for installation of the Wafer Process Equipment and for
testing, CONTRACTOR shall calibrate all affected instruments and controls in the
Facility, through the full range, and make all other necessary adjustments
thereon using such skilled employees as shall be needed for this work, to insure
that each instrument and control is properly performing its required function or
functions. COMPANY may, if it so desires, place its own instrument employees on
the Facility to check and test instruments and controls to the extent COMPANY
considers desirable, and it is understood that said instrument employees shall
limit their work to the checking and performance testing of instruments and
controls. COMPANY'S employees shall report to CONTRACTOR'S chief instrument
supervisor all faulty equipment or installation errors found, and CONTRACTOR
shall make all necessary corrections and repairs. It is understood that neither
the presence of COMPANY'S instrument employees on the Facility nor their acts in
checking and performance testing of instruments and controls shall in any way
relieve CONTRACTOR of its complete responsibility for the operation of said
instruments and controls or of any other of its responsibilities under the
provisions of the Contract.
24.3 TAKE OVER FOR INSTALLATION OR TESTING. When the preparation of the
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Facility for installation of the Wafer Process Equipment or for system testing
has been completed, CONTRACTOR shall so notify COMPANY and COMPANY shall then,
if it agrees that the preparation for installation of the Wafer Process
Equipment or for testing has in fact been completed and that all affected
mechanical and electrical equipment in the Facility is in good working order,
take over the Facility for installing the Wafer Process Equipment or take over
the system in question for conducting a System Performance Test and give
CONTRACTOR a written notice to this effect. However, neither this notice nor the
act of COMPANY in taking over the Facility or such system for conducting a
System Performance Test shall in any way relieve CONTRACTOR from its obligations
to finally complete the Facility; or from CONTRACTOR'S responsibility to alter,
adjust, repair, replace and otherwise correct workmanship or materials as
necessary to enable the Facility and each system within the Facility to
satisfactorily complete a System Performance Test and to meet and fulfill the
warranties and guarantees under the Contract, or from any other obligations or
responsibilities which extend beyond the preparation of the Facility for
installation of the Wafer Process Equipment or for testing or pertain to matters
arising after the issuance of said notice.
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997