AMD 1996 Annual Report Download - page 97

and hazards to safety and such revised alternative shall then control.
3.3 LANGUAGE OF CONTRACT DOCUMENTS. The Contract Documents shall be in
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English. CONTRACTOR may utilize a German translation of the Contract Documents,
but, as provided in Section 38.5 below, the English version shall be
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controlling.
ARTICLE 4
DESIGN DOCUMENTS
4.1 DETAILED DESIGN. CONTRACTOR shall prepare a detailed design of the
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Facility based on the Fab 30 Preliminary Design and conforming to the
requirements set forth in the Contract. It is agreed that, in regard to matters
which are not covered in the Contract, the design and specifications for the
Facility shall be based on and conform to COMPANY'S Facility Performance
Criteria and the Fab 30 Preliminary Design.
4.2 PRE-CONTRACT DESIGN. CONTRACTOR commenced its design services prior
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to execution of this Agreement. For all of such work performed prior to the
date of this Agreement, CONTRACTOR shall be paid on the basis of CONTRACTOR'S
cost, determined pursuant to Article 16, plus a fee as set forth in Article 16.
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All design work performed prior to the execution of this Agreement shall be
incorporated into and become a part of the design development work to be
performed by CONTRACTOR under this Agreement. CONTRACTOR'S obligations
contained in the Contract, including without limitation CONTRACTOR'S warranties
and guarantees, shall encompass such pre-Contract design work.
4.3 DESIGN DEVELOPMENT PHASE. CONTRACTOR shall review the Fab 30
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Preliminary Design to ascertain the requirements of the Facility and shall
review the understanding of such requirements with COMPANY. CONTRACTOR shall
submit to COMPANY a proposal based upon the Fab 30 Preliminary Design that shall
consist of preliminary design drawings, outline specifications and other
documents to preliminarily describe the size and character of the entire
Facility, its architectural, structural, plumbing, mechanical and electrical
systems, and the materials and such other elements of the Facility as may be
appropriate. During the design development phase, CONTRACTOR shall prepare for
COMPANY'S approval: (i) overall site plans and building layouts indicating the
location, placement and interrelationship of proposed structures, parking
facilities, on-site egress and ingress, service areas, utilities, water,
wastewater disposal, sewage disposal and other applicable site improvements to
establish the basic scope of the Facility; (ii) typical floor plans, major
building sections, and elevations in sufficient detail to indicate the layout,
basic architectural character, and design treatment of the Facility; (iii) an
itemized gross area tabulation for all structures, site development, and other
improvements included in the Facility; (iv) perspective renderings delineating
the overall design concept of the Facility; and (v) if COMPANY requests, a block
study model of the Facility as a means of further illustrating the general
layout and design intent. The foregoing shall be provided for each Construction
Phase. At that time, CONTRACTOR shall also submit on a preliminary basis an
Estimate of Project Cost, a proposed Project Budget, a proposed Project Schedule
for completion of the Construction Work and other preliminary information
necessary to design and budget the Facility.
4.3.1 CONTRACTOR shall provide a preliminary evaluation of the
program and the Project Budget requirements.
4.3.2 CONTRACTOR shall review with COMPANY alternative approaches to
design and construction of the Project. CONTRACTOR shall engage in such
"Value Engineering" with reasonable diligence and effort throughout the
duration of the Project. However, COMPANY shall not be obligated to accept
changes resulting from CONTRACTOR'S Value Engineering.
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997