AMD 1996 Annual Report Download - page 163

40.3 EFFECT ON COMPENSATION. Notwithstanding anything to the contrary in
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Section 14.1 above, the Fee shall not be increased if, following a force majeure
event, CONTRACTOR is not required as a result thereof to perform a materially
greater amount of work (e.g., if a fire destroys a shipment of doors and the
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only additional effort required from CONTRACTOR is to re-order the doors).
40.4 OBLIGATION TO MITIGATE. If force majeure occurs, the affected party
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shall, as soon as practicable after the occurrence of that force majeure, use
its best efforts (including incurring any reasonable expenditure of funds and
rescheduling manpower and resources) to mitigate and minimize any resulting
delay in the performance of the suspended obligation.
40.5 NOTIFICATION. The affected party shall within 72 hours notify the
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other party in accordance with the provisions of Section 14.3 and keep the other
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party informed at reasonable intervals. Upon request by the other party, as
soon as practicable following that request, the affected party shall provide
notice concerning the likely duration of the force majeure, the action taken and
the action proposed to be taken by the affected party, the cessation of force
majeure or the successful mitigation of the force majeure, and any other matter
which the other party may reasonably request.
40.6 FAILURE TO NOTIFY. If the affected party fails to give notices as
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prescribed in Sections 14.3 and 40.5, the lack of such notices shall be
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sufficient ground for denial of an extension of time on account of the force
majeure, and the affected party shall not be excused from any delay resulting
from the occurrence of such force majeure.
ARTICLE 41
WAIVER, SEVERABILITY AND REMEDIES
41.1 COMPANY'S RIGHTS NOT AFFECTED. COMPANY'S rights under the Contract
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shall not be affected in any way whatsoever by any inspection by COMPANY or by
COMPANY'S Inspector or Representative, nor any payment by COMPANY, nor any
payment for, or acceptance of, the whole or any part of the Construction Work by
COMPANY, nor any extension of time, nor any possession taken by COMPANY.
41.2 CONTRACTOR'S WAIVER. CONTRACTOR hereby waives its claims on the basis
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of Section 648 German Civil Code (Bauhandwerkersicherungshypothek).
41.3 NO WAIVER OF BREACH. No waiver by either party of any term, covenant
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or condition of the Contract nor any waiver of or assent, express or implied, by
either party to any breach of or default in any term, covenant or condition in
the Contract on the part of the other to be performed or observed shall
constitute a waiver of any other term, covenant or condition of the Contract,
nor a waiver of or assent to any succeeding breach of or default in the same or
any other term, covenant or condition of the Contract. No failure to exercise
and no delay in exercising any right, power or privilege by any party under the
Contact shall operate as a waiver of such right, power or privilege, nor shall
any single or partial exercise of any right, power or privilege preclude any
other or further exercise thereof or the exercise of any other right, power or
privilege.
41.4 WRITTEN CHANGES. The Contract may be changed only by a writing
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executed by COMPANY'S Representatives and CONTRACTOR'S Representatives, and no
oral statement, act or omission by COMPANY or CONTRACTOR shall constitute a
change in the Contract or a waiver of the requirements of this Section.
41.5 SEVERABILITY. If any provision of the Contract is declared invalid by
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any court or other tribunal of competent jurisdiction, the remaining provisions
of the Contract shall remain in full force and effect.
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997