AMD 1998 Annual Report Download - page 136

insurance at commercially reasonable rates, (iii) cause structural injury to any
of the Improvements or (iv) constitute a public or private nuisance or waste.
(b) Subject to the provisions hereof, so long as no Event of
Default has occurred and is continuing, Tenant shall quietly hold, occupy and
enjoy the Leased Premises throughout the Term, without any hindrance, ejection
or molestation by Landlord with respect to matters that arise after the date
hereof; provided that Landlord, Lender or their respective agents may enter upon
and examine any of the Leased Premises at such reasonable times as Landlord or
Lender may select and upon reasonable notice to Tenant (except in the case of an
emergency, in which no notice shall be required) for the purpose of inspecting
the Leased Premises, verifying compliance or non-compliance by Tenant with its
obligations hereunder and the existence or non-existence of an Event of Default
or event which with the passage of time and/or notice would constitute an Event
of Default, showing the Leased Premises to prospective Lenders and purchasers
and taking such other action with respect to the Leased Premises as is permitted
by any provision hereof, and any such entry by Landlord or Lender or their
agents onto the Leased Premises shall be subject to Tenant's security
requirements and restrictions, and, if required by Tenant, a representative of
Tenant shall accompany Landlord during any such entry onto the Leased Premises.
(c) Tenant may from time to time own or hold under lease or
license from Persons other than Landlord furniture, equipment, trade fixtures
and personal property located on or about the Leased Premises, which shall not
be subject to this Lease. Landlord shall from time to time, promptly upon
Tenant's request, execute such instruments or agreements as Tenant or any
equipment lessor, supplier, vendor, lender or creditor may reasonably require
acknowledging that Landlord does not own or have any other right or interest in
or to such furniture, equipment, trade fixtures or personal property, and
Landlord hereby waives any right, title, lien or interest therein.
5. Term.
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(a) Subject to the provisions hereof, Tenant shall have and
hold the Leased Premises for an initial term (as extended or renewed in
accordance with the provisions hereof, being called the "Term") commencing on
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the date hereof (the "Commencement Date") and ending on the last day of the two
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hundred fortieth (240th) calendar month next following the date hereof (the
"Expiration Date").
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(b) Provided that if, on or prior to the Expiration Date or any
other Renewal Date (as hereinafter defined) this Lease shall not have been
terminated pursuant to any provision hereof, then on the Expiration Date and on
the tenth (10th) anniversary of the Expiration Date (the Expiration Date and
such anniversary being a "Renewal Date"), the Term shall be deemed to have
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been automatically extended for an additional period of ten (10) years (each
such period a "Renewal Period"), unless Tenant shall notify Landlord
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in writing in recordable form at least eighteen (18) months prior to such
upcoming Renewal Date that Tenant is terminating this Lease as of such upcoming
Renewal Date. Any such extension of the Term shall be subject to all of the
provisions of this Lease, as the same may be amended, supplemented or modified.
If a Casualty occurs within the period that is between eighteen (18) and twelve
(12) months prior to the expiration of the then current Term, the Leased
Premises cannot be restored by the expiration of the then current Term and
Tenant has elected not to extend the Term pursuant to Paragraph 5(b) for a
Renewal Period then, within the thirty (30) day period following the Casualty,
Tenant shall have the option by written notice to Landlord to further extend the
Term for such Renewal Period. Any such additional extension shall be subject to
the terms of this Lease, as the same may be amended.
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Source: ADVANCED MICRO DEVIC, 10-K, March 29, 1999