AMD 1998 Annual Report Download - page 123

AMD/Motorola Patent License Agreement
December 3, 1998 - Execution Document
6.7. If any term, clause, or provision of this Agreement shall be judged to
be invalid, the validity of any other term, clause, or provision shall not be
affected; and such invalid term, clause, or provision shall be deemed deleted
from this Agreement.
6.8. This Agreement is the result of negotiation between the parties, which
parties acknowledge that they have been represented by counsel during such
negotiation; accordingly, this Agreement shall not be construed for or against
either party regardless of which party drafted this Agreement or any portion
thereof.
6.9. In no event shall either party be liable to the other party by reason of
this Agreement or any breach or termination of this Agreement for any loss of
prospective profits or incidental or special or consequential damages.
6.10. This Agreement sets forth the entire Agreement and understanding between
the parties as to the subject matter hereof and merges all prior discussions
between them, and neither of the parties shall be bound by any conditions,
definitions, warranties, understandings or representations with respect to such
subject matter other than as expressly provided herein or as duly set forth on
or subsequent to the date hereof in writing and signed by a proper and duly
authorized officer or representative of the party to be bound thereby.
6.11. The parties shall have the right to disclose the existence of this
Agreement. The parties hereto, however, shall keep the terms of this Agreement
confidential and shall not now or hereafter divulge any part thereof to any
third party except:
6.11.1. with the prior written consent of the other party; or
6.11.2. to any governmental body having jurisdiction to request and to read the
same; or
6.11.3. as otherwise may be required by law or legal processes; or
6.11.4. to legal counsel representing either party.
6.11.5. Notwithstanding the above, no disclosure of this Agreement shall be made
pursuant to Section 6.11.2 or 6.11.3 without the disclosing party first giving
the other party reasonable prior notice of such intended disclosure so as to
allow the other party sufficient time to seek a protective order or otherwise
assure the confidentiality of this Agreement as that other party shall deem
appropriate.
6.11.6. Notwithstanding anything to the contrary herein, the provisions of this
Section 6.11 shall survive termination of this Agreement and continue in
perpetuity.
6.12. All notices required or permitted to be given hereunder shall be in
writing and shall be valid and sufficient if dispatched by registered airmail,
postage prepaid, in any post office in the United States, addressed as follows:
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Source: ADVANCED MICRO DEVIC, 10-K, March 29, 1999