AMD 2000 Annual Report Download - page 284

(as such terms are defined in the License Agreement); (ii) its use,
within the scope of the license granted in Section 3(a) of the License
------------
Agreement, of the Developed Intellectual Property (as defined in the
License Agreement), or (iii) its use, in any manner whatsoever, of
Post Research Agreement AMD Saxonia Developed Improvements or Post
Research Agreement AMD Saxonia Developed Intellectual Property (as
such terms are defined in the License Agreement). The preceding
sentence notwithstanding, AMD Inc. does not waive any rights, claims
or causes of action based on the infringement and/or misappropriation
of any patents, copyrights, mask works, trademarks and trade secrets,
whether registered or not, which are owned by AMD Inc. or by an
Affiliate of AMD Inc. other than AMD Saxonia and not licensed to AMD
Saxonia under the License Agreement; provided, however, that the use
of Information Residuals (as so defined) shall not be deemed to
constitute an infringement and/or misappropriation of any intellectual
property rights of AMD Inc. or any of its Subsidiaries (other than AMD
Saxonia).
(b) each Sponsor hereby acknowledges and agrees that, following the
termination of the AMD Saxonia Wafer Purchase Agreement, the operation
of the Plant by AMD Saxonia, its successors and assigns, or by a
Beneficiary shall not, absent a separate infringement or other
unlawful violation, under the License Agreement or otherwise, of a
proprietary, substantial, and identifiable right of AMD Inc., or any
of its Subsidiaries other than AMD Saxonia, constitute: (i) a breach
of the terms of the License Agreement or of any of the Service
Agreements (as defined in the License Agreement), or (ii) an
infringement upon any intellectual property right of AMD Inc. or its
Subsidiaries other than AMD Saxonia; and
(c) except where such failure was due to a breach by AMD Saxonia of its
covenants to cooperate with AMD Inc., if AMD Inc. fails to complete
the document removal process set forth in Section 9 of the License
---------
Agreement within the period required therein following the termination
of the AMD Saxonia Research Agreement, AMD Inc. and its Subsidiaries
other than AMD Saxonia shall be deemed to have waived any and all
rights, claims and/or causes of action they have or in the future may
have against AMD Saxonia, its successors and assigns, or against a
Beneficiary based on the disclosure or use, for any purpose, by such
Person of any documentation left in the Plant on the grounds that such
documentation or the information contained therein is proprietary to
AMD Inc. or its Affiliates or Subsidiaries other than (in either case)
AMD Saxonia.
ARTICLE XV
Miscellaneous
SECTION 15.1 No Waiver; Modifications in Writing. No failure or delay on the
part of the Agent or the Security Agent in exercising any right, power, or
remedy hereunder shall operate as a waiver thereof, nor shall any single or
partial exercise of any such right, power, or remedy preclude any other or
further exercise thereof or the exercise of any other right, power, or remedy.
The
70
Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001