AMD 1998 Annual Report Download - page 70

AMD/Motorola Technology Development and License Agreement
December 3, 1998 - Execution Document
Motorola and AMD will not be liable for any damages
resulting from infringing activity occurring after
such notice. In the event that AMD *****. The
indemnity provided in this Section will not apply in
the event the infringement claim is attributable to
the combination of CDR3 or AMD Improvements thereto
in combination with other technology or processes
implemented solely by Motorola or others
Notwithstanding, upon the request of AMD, Motorola
will be required to assist AMD in developing and
implementing a mutually agreeable substitute for any
AMD Flash Technology that is infringing. *****
6.5. CDR3 Schedule. The parties' goal is to complete CDR3 product
qualification by *****. The parties current schedule is to
complete CDR3 flash module tape out by *****. In the event the
parties are unable to deliver a complete flash module by
***** in substantial compliance with the acceptance
criteria specified in the Statement of Work for the CDR3
Project, then (i) further work on the CRD3 Project will cease,
unless the parties agree to continue the Project; *****.
6.6. Royalties. This Section 6.6 applies only in the event the
parties are unable to deliver a complete flash module by
*****, in substantial compliance with the program plan
set forth in Exhibit F.
(a) Definitions. These definitions apply only to this
Section 6.6.
(i) "Net Revenue" means the gross receipts
received by AMD from the sale of Royalty
Bearing Devices less any taxes, freight
charges, insurance, discounts, credits,
commissions paid to third parties, and
returns.
***** 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.
Page 28
Source: ADVANCED MICRO DEVIC, 10-K, March 29, 1999