AMD 2000 Annual Report Download - page 313

Section 7.03. Relationship of Parties. AMD Holding and AMD Inc. shall at
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all times be independent contractors with respect to each other. Nothing in this
Agreement shall constitute either party hereto as the partner, joint venturer,
employee or agent of the other such party or of AMD Saxonia, and neither AMD
Holding nor AMD Inc. shall act or omit to act in such a way as to suggest the
contrary to any Person.
Section 7.04. Assignment. This Agreement shall be binding upon and enure
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to the benefit of each party hereto and their respective successors and assigns;
vied, however, that neither party hereto shall have the right to transfer or
assign its interest in this Agreement without the prior written consent of the
other party hereto, and, if prior to the Loan Agreement Termination Date, of the
Agent; provided further that AMD Holding may assign this Agreement to the Agent
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as security for obligations of AMD Saxonia under the Loan Agreement and the
Agent may assign this Agreement to any direct transferee of the Plant in the
proper exercise of the Agent's enforcement rights in respect of such security.
Section 7.05. Waivers. No delay or omission in exercise of any right or
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remedy of either party or any default by the other, and no custom or practice of
the. parties at variance with the terms of this Agreement, shall impair any
right or remedy otherwise available nor shall it be construed as a waiver of any
right or remedy. Any waiver by either party of any default must be in writing
and shall not be a waiver of any other default concerning the same or any other
provision. AMD Holding shall have no right to waive any of its rights or
remedies under this Agreement prior to the Loan Agreement Termination Date
without the prior written consent of the Agent.
Section 7.06. Rights Cumulative. The rights, remedies and powers of each
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of the parties contained in this Agreement are cumulative and not exclusive of
any rights, remedies or powers provided to the parties by Law. No single or
partial exercise by any of the parties hereto of any right, remedy or power
under this Agreement shall preclude any other or further exercise thereof or the
exercise of any other right, power or remedy.
Section 7.07. Notices. All notices and other communications required or
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permitted to be given to or made upon either party hereto shall be in writing
and shall be personally delivered or sent by registered or certified mail,
postage pre-paid, return receipt requested, or by pre-paid telex, TWX or
telegram, or by pre-paid courier service, or by telecopier, to the respective
parties hereto at their respective addresses (or to their respective telex, TWX
or telecopier numbers) indicated below, or such other addresses or numbers
specified in a notice sent or delivered in accordance with the provisions of
this Section 7.07. Any such notice or communication shall be deemed to be given
for purposes of this Agreement on the day that such writing or communication is
delivered or, in the case only of a telex, TWX or telegram, sent to the intended
recipient thereof, or in the case only of telecopier, sent to the intended
recipient thereof with confirmation of receipt, all in accordance with the
provision of this Section 7.07.
If to AMD Inc.:
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001