AMD 1998 Annual Report Download - page 183

(c) after the date hereof (except as otherwise expressly provided in
the Lease), not to create any offset or claims against rents, or prepay
rent more than thirty (30) days in advance;
(d) that Tenant is now lessee of the leasehold estate created by the
Lease and shall not hereafter assign the Lease except as permitted by the
terms thereof;
(e) to promptly certify in writing to Lender, in connection with any
proposed assignment of the Security Instrument, whether or not any default
on the part of Landlord is claimed to exist under the Lease, and what any
such claimed default factually involves; and
(f) that Tenant shall not voluntarily subordinate the Lease to any
other lien or encumbrance (except as otherwise expressly provided in the
Lease).
7. NO WAIVER. Notwithstanding any other provision of this Agreement,
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where Lender acquires Landlord's interest in and possession of the Property and
a Landlord default has occurred and is continuing, Tenant shall not be
considered as having waived its rights to require that Lender remedy such
default if the Landlord default continues after the date Lender acquires
Landlord's interest in and possession of the Property. In that case, Lender
shall have no liability for Landlord's default as it applies to the period
before Lender's acquisition of Landlord's interest in and possession of the
Property, but shall be liable for any failure to cure such continuing default
thereafter, provided only that Lender receives the benefit of any notice and
cure period required by the Lease or hereunder.
8. GOVERNING LAW. This Agreement shall be governed by and construed in
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accordance with the internal laws of the State of California.
9. NOTICE AND CURE. In the event that Landlord shall default in the
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performance or observance of any of the terms, conditions or agreements in the
Lease, Tenant shall give written notice thereof to Lender and Lender shall have
the right (but not the obligation) to cure such default. Tenant further agrees
that if Landlord shall have failed to cure such default within the time provided
for in the Lease, then the Lender shall have an additional forty-five (45) days
within which to cure such default or if such default cannot be cured within that
time, then such additional time as may be necessary to cure such default shall
be granted if within such forty-five (45) days Lender has commenced and is
diligently pursuing the remedies necessary to cure such default (including, but
not limited to, commencement of foreclosure proceedings, if necessary to effect
such cure), in which event the Lease shall not be terminated while such remedies
are being so diligently pursued and provided that if and to the extent any such
defaults are monetary in nature, Lender has cured the monetary aspects of such
defaults within such forty-five (45) day period.
10. BINDING EFFECT; DEFINITIONS. The provisions of this Agreement shall be
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covenants running with the Property, and shall be binding upon and inure to
the benefit of the respective parties hereto and their respective heirs,
legatees, executors, administrators, beneficiaries,
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Source: ADVANCED MICRO DEVIC, 10-K, March 29, 1999