AMD 2000 Annual Report Download - page 354

or any related agreement and any order entered pursuant to this Agreement and
(ii) ordering such other legal or equitable relief, including any provisional
legal or equitable relief, or specifying such procedures as the arbitrator deems
appropriate, to resolve any Dispute submitted for arbitration. The parties shall
be entitled to discover all documents and other information reasonably necessary
for a full understanding of any -legitimate issue raised in the arbitration.
They may use all methods of discovery customary under U.S. federal law,
including but not limited to depositions, requests for admission, and requests
for production of documents. The time periods for compliance shall be set by the
arbitrators, who may also set limits on the scope of such discovery. The
arbitrators shall not be empowered to award consequential or punitive damages.
(f) Either party may file an application in any proper court described in
Section 7.11 hereof for a provisional remedy in connection with an arbitrable
controversy hereunder, but only upon the ground that the award to which the
applicant may be entitled may be rendered ineffectual without provisional
relief.
(g) The arbitrators shall issue to both parties a written explanation in
English of the reasons for the award and a full statement of the facts as found
and the rules of law applied in reaching the decision
(h) Any monetary award shall be made and shall be payable in DM free of
any tax or any deduction.
(i) The award of the arbitral tribunal will be the sole and exclusive
remedy between the parties regarding any and all claims and counterclaims with
respect to the subject matter of the arbitrated dispute. An award rendered in
connection with an arbitration pursuant to this Section 7.10 shall be final and
binding upon the parties, and any judgment upon which an award may be entered
and enforced in any court of competent jurisdiction.
(j) Notwithstanding the foregoing; the parties agree that any disputes
hereunder relating solely to accounting matters shall be resolved by an auditor,
appointed as provided below, acting as an expert (and not as an arbitrator), and
that the resolution by such independent auditor of any such matter shall be
conclusive between the parties absent manifest error. Such auditor shall be
appointed by mutual agreement of the parties' respective auditors, and, if prior
to the Loan Agreement Termination Date, of the Agent and shall be an independent
and internationally known certified public accounting firm with no affiliation
with either the parties, the Agent or any of their respective auditors.
Section 7.11. Consent to Jurisdiction and Forum: AMD Holding and AMD
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Saxonia Appointment of Agent for Service of Process.
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(a) Subject to Section 7.10, all judicial proceedings brought against
either party hereto with respect to this Agreement may be brought in Santa Clara
County, California, and by execution and delivery of this Agreement, each such
party accepts for itself and in connection with its properties, generally and
unconditionally, the nonexclusive jurisdiction of such courts. In addition, each
such party hereby irrevocably and unconditionally waives, to the fullest extent
permitted by law, any objection which it may now or hereafter have to the laying
of venue of any
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001