AMD 1998 Annual Report Download - page 176

EXHIBIT D
BASIC RENT PAYMENTS
1. Basic Rent. Subject to the adjustments provided for in
----------
Paragraphs 2, 3 and 4 below, Basic Rent payable in respect of the Term shall be
$9,145,500 per annum, payable monthly in advance on each Basic Rent Payment
Date, in equal installments of $762,125 each.
2. CPI Adjustments to Basic Rent. The Basic Rent shall be subject
-----------------------------
to adjustment, in the manner hereinafter set forth, for increases in the index
known as United States Department of Labor, Bureau of Labor Statistics, Consumer
Price Index, All Urban Consumers, United States City Average, All Items, (1982-
84=100) ("CPI") or the successor index that most closely approximates the CPI.
---
If the CPI shall be discontinued with no successor or comparable successor
index, Landlord and Tenant shall attempt to agree upon a substitute index or
formula, but if they are unable to so agree, then the matter shall be determined
by arbitration in accordance with the rules of the American Arbitration
Association then prevailing in San Francisco, California. Any decision or award
resulting from such arbitration shall be final and binding upon Landlord and
Tenant and judgment thereon may be entered in any court of competent
jurisdiction. In no event will the Basic Rent as adjusted by the CPI adjustment
be less than the Basic Rent in effect for the three (3) year period immediately
preceding such adjustment.
3. Arbitration of Disputes. NOTICE: BY INITIALING IN THE SPACE
-----------------------
BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED
IN PARAGRAPH 2 ABOVE DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA
LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE
LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE
GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE
SPECIFICALLY INCLUDED IN PARAGRAPH 2 ABOVE. IF YOU REFUSE TO SUBMIT THE
ARBITRATION AFTER AGREEMENT TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE
UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT
TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE
FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN
PARAGRAPH 2 ABOVE TO NEUTRAL ARBITRATION.
------------ --------------
Landlord Tenant
4. Effective Dates of CPI Adjustments. Basic Rent shall not be
----------------------------------
adjusted to reflect changes in the CPI until the third (3rd) anniversary of the
Basic Rent Payment Date on which the first full monthly installment of Basic
Rent shall be due and payable (the "First Full Basic Rent Payment Date"). As of
-----------------------------------
the third (3rd) anniversary of the First Full Basic Rent Payment Date and
thereafter on the sixth (6th), ninth (9th), twelfth (12th), fifteenth (15th) and
eighteenth (18th) and, if the initial Term is extended, on the twenty-first
(21st), twenty-fourth (24th), and twenty-seventh (27th), and, if the Term is
further extended, on the thirtieth (30th), thirty-third (33rd), thirty-sixth
(36th) and thirty-ninth (39th) anniversaries of the First Full Basic Rent
Payment Date and, if the Term is further extended pursuant to Paragraph 5(c), on
each third (3rd ) anniversary of the First Full Rent Payment Date thereafter,
Basic Rent shall be adjusted to reflect increases in the CPI during the most
recent three (3) year period immediately preceding each of the foregoing dates
(each such date being hereinafter referred to as the "Basic Rent Adjustment
---------------------
Date").
- ----
Source: ADVANCED MICRO DEVIC, 10-K, March 29, 1999