AMD 1997 Annual Report Download - page 133

Amendment, is hereby absolutely and unconditionally affirmed in its entirety by
the Guarantor.
(b) This Amendment shall be binding upon and inure to the benefit of the
parties hereto and thereto and their respective successors and assigns. No third
party beneficiaries are intended in connection with this Amendment.
(c) This Amendment shall be governed by and construed in accordance with
the law of the State of California.
(d) This Amendment may be executed in any number of counterparts, each of
which shall be deemed an original, but all such counterparts together shall
constitute but one and the same instrument. Each of the parties hereto
understands and agrees that this document (and any other document required
herein) may be delivered by facsimile transmission to be followed promptly by
mailing of a hard copy original, and that receipt by Lessor of a facsimile
transmitted document purportedly bearing the signature of Guarantor or Lessee
shall bind Guarantor and Lessee with the same force and effect as the delivery
of a hard copy original. Any failure by Lessor to receive the hard copy executed
original of such document shall not diminish the binding effect of receipt of
the facsimile transmitted executed original of such document of the party whose
hard copy page was not received by Lessor.
(e) This Amendment, together with the Guaranty, including the exhibits
hereto and thereto, contains the entire and exclusive agreement of the parties
hereto with reference to the matters discussed herein and therein. This
Amendment supersedes all prior drafts and communications with respect thereto.
This Amendment may not be amended except in accordance with the provision of
Section 6.2 of the Guaranty.
(f) If any term or provision of this Amendment shall be deemed prohibited
by or invalid under any applicable law, such provision shall be invalidated
without affecting the remaining provisions of this Amendment.
(g) the Guarantor covenants to pay or to reimburse Lessor, upon demand,
for all costs and expenses (including reasonable fees and costs of counsel)
incurred in connection with the development, preparation, negotiation, execution
and delivery of this Amendment.
(h) The Guarantor agrees that at any time and from time to time, upon the
written request of Lessor, the Guarantor shall, and shall cause Lessee to,
promptly and duly execute and deliver any and all such further instruments and
documents and take such further action as the Lessor shall reasonably request in
order to effectuate the transactions contemplated hereby.
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Source: ADVANCED MICRO DEVIC, 10-K405, March 03, 1998