AMD 1998 Annual Report Download - page 85

AMD/Motorola Technology Development and License Agreement
December 3, 1998 - Execution Document
to believe that an employment relationship exists between
such employee and the other party.
17.2.4. Work Place Safety. The work place safety of employees
assigned to Projects under this Agreement shall be the
sole and full responsibility of the assigning party. If
either party should become aware of the existence of any
hazardous conditions, property, or equipment which are
under the control of the other party it shall so advise
the other party; however, it shall remain the first
party's responsibility to take all necessary precautions
against injury to persons or damage to property from such
hazards, property, or equipment until corrected by the
other party. Each party agrees to comply with the
Occupational Safety and Health Act (OSHA), applicable OSHA
standards, applicable state safety and health laws and
regulations, any applicable municipal ordinances, and
applicable facility safety rules of which the party has
notice, regarding the employees it assigns to Projects
under this Agreement.
17.4. Employment Taxes and Benefits. It is understood and agreed
that nothing in this Agreement is intended to, nor will it
result in, an employee of a party becoming an employee of the
other party or becoming a joint employee of both parties. Each
party remains solely responsible for the payment of all
withholding taxes, social security, unemployment insurance,
workers' compensation insurance, disability insurance or
similar items, including interest and penalties thereon, with
respect to its employees. Each party will provide written
notice to all employees participating in any Project under
this Agreement that they will not by virtue of participating
in the Project, working at the other party's facility,
interacting with the management of the other party, or
otherwise performing services in accordance with this
Agreement become an employee of the other party.
17.5. Assignment. The rights and liabilities of the parties under
this Agreement will bind and inure to the benefit of the
parties' respective successors, executors and administrators,
as the case may be; provided that neither party may assign or
delegate its obligations under this Agreement, either in whole
or in part, except as set forth in Section 14 or to a
subsidiary or affiliate of that party, without the other
party's written consent. Any attempted assignment or
delegation without such consent will be void.
17.6. Notices. All notices, reports, requests, acceptances and other
communications required or permitted under this Agreement will
be in writing. They will be deemed given
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Source: ADVANCED MICRO DEVIC, 10-K, March 29, 1999