AMD 1998 Annual Report Download - page 88

AMD/Motorola Technology Development and License Agreement
December 3, 1998 - Execution Document
OTHERWISE BE AVAILABLE TO IT UNDER THIS CONTRACT OR
IN COURT ACTION.
(c) Litigation. In the event a dispute is not resolved by
such mediation, the parties shall have the right to
initiate a suit, action or other adversary proceeding
before the appropriate court exclusively within the
jurisdiction of the state and federal courts in the
state of Texas. In the event of such suit, action or
other adversary proceeding, the Parties hereto (a)
submit to the exclusive personal jurisdiction of the
federal and state courts in the State of Texas and
(b) expressly waive any right they may have to a jury
trial and agree that any such proceeding shall be
tried by a judge without a jury. All defenses based
on passage of time shall be tolled pending mediation,
unless otherwise prohibited by law.
(d) Applicable Law. This Agreement shall be governed by,
construed, enforced and interpreted in accordance
with the internal substantive laws of the State of
Texas applicable to agreements to be made and to be
performed solely within such State, without giving
effect to any conflicts or choice of laws principles
which otherwise might be applicable and excluding the
United Nations Convention on Contracts for the Sale
of Goods.
(e) Interim Relief. Nothing in this Section 17.7 shall be
construed to preclude any party from seeking
injunctive or other provisional relief in order to
protect its rights pending mediation, provided
however that such relief may only be sought within
the appropriate judicial forum as provided in
Subsection (c) above. In the event a party seeks
interim relief without first attempting mediation,
such party shall not forfeit its entitlement to legal
fees and costs that would otherwise be available to
it only if such party initiates mediation within
fifteen (15) days after initiating the action seeking
interim relief. A request to a court for interim
relief shall not be deemed a waiver of the obligation
to mediate.
(f) Legal Fees and Costs. Except as otherwise provided
herein, the substantially prevailing party in any
proceeding brought by one party against the other
shall be entitled, in addition to any other rights
and remedies it may have, to reimbursement for the
expenses reasonably incurred by it in such
proceeding, including but not limited to court costs,
reasonable attorneys' fees, expenses of expert
witnesses, costs of appeal, and any other reasonable
out-of-pocket expenses. For the purposes of
Page 46
Source: ADVANCED MICRO DEVIC, 10-K, March 29, 1999