AMD 1998 Annual Report Download - page 158

to the provisions of California Code of Civil Procedure Section 631, and each of
Landlord and Tenant does appoint the other Person as its true and lawful
attorney-in-fact, which appointment is coupled with an interest, and does hereby
authorize and empower the other Person, in its name, place and stead, to file
this Lease with the clerk of any court of competent jurisdiction as statutory
written consent to waiver of trial by jury.
(i) Upon the occurrence of any Event of Default, Landlord shall
have the right (but no obligation) to perform any act required of Tenant
hereunder, including the right to retain a third party manager to manage the
Leased Premises and, if performance of such act requires that Landlord enter the
Leased Premises, Landlord may enter the Leased Premises for such purpose.
(j) No failure of Landlord (i) to insist at any time upon the
strict performance of any provision of this Lease or (ii) to exercise any
option, right, power or remedy contained in this Lease shall be construed as a
waiver, modification or relinquishment thereof. A receipt by Landlord of any sum
in satisfaction of any Monetary Obligation with knowledge of the breach of any
provision hereof shall not be deemed a waiver of such breach, and no waiver by
Landlord of any provision hereof shall be deemed to have been made unless
expressed in a writing signed by Landlord.
(k) Tenant hereby waives and surrenders, for itself and all
those claiming under it, including creditors of all kinds, (i) any right and
privilege which it or any of them may have under any present or future Law to
redeem any of the Leased Premises or to have a continuance of this Lease after
termination of this Lease or of Tenant's right of occupancy or possession
pursuant to any court order or any provision hereof, and (ii) the benefits of
any present or future Law which exempts property from liability for debt or for
distress for rent; provided that the foregoing shall not preclude or prevent
Tenant from seeking relief under California Code of Civil Procedure Section 1179
in any action brought by Landlord for termination of this Lease.
(l) Except as otherwise provided herein, all remedies are
cumulative and concurrent and no remedy is exclusive of any other remedy. Each
remedy may be exercised at any time an Event of Default has occurred and is
continuing and may be exercised from time to time. No remedy shall be exhausted
by any exercise thereof.
24. Notices. All notices, demands, requests, consents, approvals,
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offers, statements and other instruments or communications required or permitted
to be given pursuant to the provisions of this Lease shall be in writing and
shall be deemed to have been given and received for all purposes when delivered
in person or by Federal Express or other reliable 24-hour delivery service or
five (5) business days after being deposited in the United States mail, by
registered or certified mail, return receipt requested, postage prepaid,
addressed to the other party at its address stated above or when delivery is
refused. A copy of any notice given by Tenant to Landlord shall simultaneously
be given by Tenant to Reed Smith Shaw & McClay, 2500 One Liberty Place,
Philadelphia, PA 19103, Attention: Chairman, Real Estate Department. A copy of
any notice given by Landlord to Tenant shall be sent to the attention of the
Tenant's Real Estate Manager, and a copy of any such notice shall simultaneously
be given by Landlord to Advanced Micro Devices, Inc., One AMD Place, Sunnyvale,
California 94088, Attention: General Counsel. Copies of all notices sent by
Landlord or Tenant shall be sent to Lender at GMAC Commercial Mortgage
Corporation, 650 Dresher Road, Horsham, PA 19044-8015, Attention: Executive Vice
President, Commercial Loan Servicing, with copies to Commercial Capital
Initiatives, Inc., Wall Street Plaza, 88 Pine Street, New York, NY 10005,
Attention: Manager - Loan administration and Pepe & Hazard LLP, Goodwin Square,
225 Asylum Street, Hartford, CT 06103, Attention: Adam F. Zweifler, Esq. For the
purposes of this Paragraph, any party may substitute another address stated
above (or substituted by a
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Source: ADVANCED MICRO DEVIC, 10-K, March 29, 1999