AMD 1998 Annual Report Download - page 89

AMD/Motorola Technology Development and License Agreement
December 3, 1998 - Execution Document
this Subsection (f), the "substantially prevailing
party" means the party whose final settlement offer
(or other monetary position or claim) prior to the
completion of the mediation contemplated by this
Section 17.7 is closest to the judgment awarded by
the court, regardless of whether such judgment is
entered in favor or against such party, or who
obtains substantially all of the relief sought by it,
all as determined by the court having jurisdiction
over the proceeding. Such a prevailing party would
include, but is not limited to, a party who offers to
dismiss a proceeding upon the other party's payment
of the sums allegedly due or performance of the
covenants allegedly breached.
17.8. Compliance With Laws. Each party will comply with all
applicable laws and regulations governing their activities
under this Agreement, including but not limited to the export
control laws and regulations of the United States, with
respect to any Confidential Information and technical data
licensed, delivered, or to which a party is provided access
under this Agreement. If requested by one party hereto, the
other party hereto agrees to sign written assurances and other
export-related documents as may be required for the requesting
party to comply with any applicable export regulations.
17.9. Severability. If any provision of this Agreement, or the
application thereof, shall for any reason and to any extent be
determined by a court of competent jurisdiction to be invalid
or enforceable under applicable law, the remaining provisions
of this Agreement shall be interpreted so as best to
reasonably effect the intent of the parties. The parties
further agree to replace any such invalid or unenforceable
provisions with valid and enforceable provisions designed to
achieve, to the extent possible, the business purposes and
intent of such invalid and enforceable provisions.
17.10. Entire Agreement. This Agreement, together with all exhibits
and schedules hereto, constitutes the entire understanding and
agreement of the parties with respect to the subject matter of
this Agreement, and supersedes all prior and contemporaneous
understandings and agreements, whether written or oral, with
respect to such subject matter.
17.11. Amendments, Modifications and Waivers. No delay or failure by
either party to exercise or enforce at any time any right or
provision of this Agreement will be considered a waiver
thereof or of such party's right thereafter to exercise or
enforce each and every right and provision of this Agreement.
No single waiver will constitute a continuing or subsequent
waiver. No waiver, modification or
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Source: ADVANCED MICRO DEVIC, 10-K, March 29, 1999