AMD 1998 Annual Report Download - page 44

AMD/Motorola Technology Development and License Agreement
December 3, 1998 - Execution Document
1.4. "Change of Control" means the acquisition by a single legal
entity or natural person of fifty percent (50%) or more of the
outstanding securities of a party entitled to vote for the
board of directors of such party.
1.5. "Confidential Information" means any information disclosed by
a party (the "Disclosing Party") to the other party (the
"Receiving Party") pursuant to this Agreement in a context
which would cause a reasonable person to believe the
information is intended to be treated as confidential,
including but not limited to, documents expressly designated
as confidential, and information related to either party's
manufacturing processes, products, employees, facilities,
equipment, security systems, information systems, finances,
product plans, marketing plans, suppliers, or distributors;
provided, however that "Confidential Information" shall not
include information that: (i) is now available or becomes
available to the public without breach of this Agreement; (ii)
is explicitly approved for release by written authorization of
the Disclosing Party; (iii) is lawfully obtained from a third
party or parties without a duty of confidentiality; (iv) is
disclosed to a third party by the Disclosing Party without a
duty of confidentiality; (v) is known to the Receiving Party
prior to disclosure; or (vi) is at any time developed by the
Receiving Party independently of any such disclosure(s) from
the Disclosing Party.
1.6. "Conforming Deliverable" means a deliverable identified in a
Statement of Work that is agreed to by the parties to
substantially conform with the acceptance criteria for that
deliverable specified in the Statement of Work.
1.7. "Customer" means a company that, as a regular course of
business, purchases substantial quantities of semiconductor
products from a party to this Agreement.
1.8. ***** means a party to this Agreement providing information,
training and support to a ***** of that party regarding a
Logic Process Technology, Embedded Flash Technology, or other
semiconductor manufacturing process developed and/or licensed
under this Agreement, and *****.
***** Certain information on this page has been omitted and filed separately
with the Securities and Exchange Commission. Confidential treatment has been
requested with respect to the omitted portions.
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Source: ADVANCED MICRO DEVIC, 10-K, March 29, 1999