AMD 2002 Annual Report Download - page 215

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 remedies provided for herein are cumulative and are not exclusive of any remedies that may be
available to the Agent or the Security Agent at law or otherwise. No amendment, modification, supplement, termination, or waiver of or to any provision of this
Agreement, or consent to any departure by either Sponsor therefrom, shall be effective unless the same shall be in writing and signed by or on behalf of the
Agent and the Security Agent. Any waiver of any provision of this Agreement, and any consent to any departure by either Sponsor from the terms of any
provision of this Agreement, shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on either
Sponsor in any case shall entitle such Sponsor to any other or further notice or demand in similar or other circumstances.
SECTION 15.2 Severability of Provisions. In case any provision of this Agreement is invalid or unenforceable, the validity or enforceability of the remaining
provisions hereof shall remain unaffected. The parties hereto shall have an obligation to replace any invalid or unenforceable provision by a valid and
enforceable provision which approximates best the economic purpose of the invalid provision.
SECTION 15.3 Termination. This Agreement and the obligations of the parties hereunder shall terminate on the day that AMD Saxonia has paid in full all of the
Primary Secured Obligations, and the Banks shall have no other or further commitments under the Loan Agreement;provided, that such obligations shall
automatically revive and be reinstated if and to the extent that AMD Saxonia shall subsequently have obligations to any Secured Party under or in connection
with any of the Operative Documents.
SECTION 15.4 Assignment. This Agreement shall be binding upon and shall inure to the benefit of each party hereto and their respective successors and assigns;
provided that neither AMD Inc. nor AMD Holding nor the Additional Partner Companies shall have the right to transfer or assign their respective rights under
this Agreement without the prior written consent of the Agent and the Security Agent.
SECTION 15.5 Notice. All notices, demands, instructions, and other communications required or permitted to be given to or made upon any 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, and shall be deemed to be given for purposes of this Agreement on the day that such writing is
delivered or sent to the intended recipient thereof in accordance with the provisions of thisSection 15.5. Unless otherwise specified in a notice sent or delivered
in accordance with the
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Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003