AMD 1996 Annual Report Download - page 94

1.6.11 The term "VENDOR" where used herein shall mean a corporation,
association, partnership, joint venture, limited liability company, trust or
other business entity or individual (other than an employee) who furnishes, or
is qualified to furnish, materials or construction supplies for the Facility but
does not erect or install said materials at the job site. However, vendors may
in some cases furnish erection engineers to supervise such erection or
installation.
1.6.12 The term "WORK" where used herein shall mean all design
development work, engineering work and Construction Work necessary or desirable
to perform the Contract and complete the Facility.
1.6.13 The term "WORKING DAYS" where used herein shall mean Monday
through and including Friday of each week but excluding all such days that are
recognized as holidays by the State of Saxony.
ARTICLE 2
PERSONNEL
2.1 EMPLOYMENT BY CONTRACTOR OF QUALIFIED PERSONNEL. CONTRACTOR shall
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assign its senior personnel and professional and technical staff to the Project
to the extent necessary to assure that CONTRACTOR'S obligations under the
Contract are carried out. These personnel shall be identified in the Project
Procedures Manual. CONTRACTOR shall not remove or replace such individuals
without COMPANY'S prior written consent unless COMPANY requests such removal or
replacement. Company shall not unreasonably withhold its consent to such
removal or replacement.
2.1.1 QUALIFIED DESIGN PROFESSIONALS. Design services shall be
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performed by qualified architects, engineers and other professionals licensed
(if required by the laws of Saxony or of Germany) to provide such services in
the State of Saxony, Germany.
2.1.2 QUALIFIED CONSTRUCTION PROFESSIONALS. Construction services
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shall be performed by qualified subcontractors and vendors licensed (if required
by the laws of Saxony or of Germany) to provide such services and materials in
the State of Saxony, Germany.
2.2 CONTRACTOR'S SUPERINTENDENTS
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2.2.1 SENIOR PROJECT CONSTRUCTION SUPERINTENDENT. CONTRACTOR shall
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appoint the individual identified in the Project Procedures Manual as the senior
Project construction superintendent to act as the full-time senior Project
construction superintendent on the Project, fully authorized to give such orders
as may be necessary for the proper execution and continuance of the Construction
Work. CONTRACTOR'S senior Project construction superintendent shall have the
authority to make decisions that are binding on Contractor, and all decisions
made by CONTRACTOR'S senior Project construction superintendent shall be binding
on CONTRACTOR. Written notice from COMPANY to said senior Project construction
superintendent of the existence of any imperfections in workmanship or
materials, or of the use by CONTRACTOR of any unsafe methods in any or all of
its various activities in connection with the Construction Work at the Site, or
of any other matter relating to the performance of the Construction Work, shall
be considered to be notice to CONTRACTOR. The individual acting as CONTRACTOR'S
senior Project construction superintendent shall not be changed during the
course of the Construction Work, except with the written consent or at the
request of COMPANY. COMPANY shall not unreasonably withhold its consent to such
change. If such individual proves to be unsatisfactory to CONTRACTOR or ceases
to be employed by CONTRACTOR, COMPANY agrees to act reasonably in consenting to
his replacement. Any individual acting as senior Project construction
superintendent shall be experienced and competent. The senior Project
construction
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997