AMD 1998 Annual Report Download - page 122

AMD/Motorola Patent License Agreement
December 3, 1998 - Execution Document
6.2.6. conferring any license or right with respect to any trademark, trade or
brand name, a corporate name of either party or any of their respective
SUBSIDIARIES, or any other name or mark, or contraction, abbreviation or
simulation thereof;
6.2.7. imposing on MOTOROLA any obligation to institute any suit or action for
infringement of any MOTOROLA PATENTS, or to defend any suit or action brought by
a third party which challenges or concerns the validity of any MOTOROLA PATENTS
licensed under this Agreement;
6.2.8. imposing upon AMD any obligation to institute any suit or action for
infringement of any AMD PATENTS, or to defend any suit or action brought by a
third party which challenges or concerns the validity of any AMD PATENTS
licensed under this Agreement;
6.2.9. a warranty or representation by MOTOROLA that any manufacture, use,
sale, lease or other disposition of LICENSED PRODUCTS of AMD will be free from
infringement of any patent other than the MOTOROLA PATENTS licensed herein;
6.2.10. a warranty or representation by AMD that any manufacture, use, sale,
lease or other disposition of LICENSED PRODUCTS of MOTOROLA will be free from
infringement of any patent other than the AMD PATENTS licensed herein;
6.2.11. imposing on either party any obligation to file any patent application
or to secure any patent or maintain any patent in force; or
6.2.12. an obligation on either party to furnish any manufacturing or
technical information under this Agreement.
6.3. No express or implied waiver by either of the parties to this
Agreement of any breach of any term, condition or obligation of this Agreement
by the other party shall be construed as a waiver of any subsequent breach of
that term, condition or obligation or of any other term, condition or obligation
of this Agreement of the same or of a different nature.
6.4. Anything contained in this Agreement to the contrary notwithstanding,
the obligations of the parties hereto shall be subject to all laws, both present
and future, of any Government having jurisdiction over either party hereto, and
to orders or regulations of any such Government, or any department, agency, or
court thereof, and to acts of war, acts of public enemies, strikes, or other
labor disturbances, fires, floods, acts of God, or any causes of like or
different kind beyond the control of the parties, and the parties hereto shall
be excused from any failure to perform any obligation hereunder to the extent
such failure is caused by any such law, order, regulation, or contingency but
only so long as said law, order, regulation or contingency continues.
6.5. The captions used in this Agreement are for convenience only, and are
not to be used in interpreting the obligations of the parties under this
Agreement.
6.6. This Agreement and the performance of the parties hereunder shall be
construed in accordance with and governed by the laws of the State of Texas.
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Source: ADVANCED MICRO DEVIC, 10-K, March 29, 1999