AMD 2002 Annual Report Download - page 247

3.3 For information other than that developed by the Parties in a given Process Development Project to be considered Specific Results for that Project,
including Background Know-How, it must be either deliberately provided to the Process Development Projects by the owner of such information, or
be evaluated by the Project Leaders, pursuant to Section 3.2, for possible use in a Process Development Project. In the event such item of
information is provided, and the Party owning such information notifies the Project Leaders within thirty (30) days after such owning Party’s
disclosure or the initiation of such evaluation that such information should be withdrawn, such owning Party may withdraw such information from
use in the Process Development Projects and all such information in tangible form associated therewith shall be returned to such owning Party and
such tangible information shall not become Specific Results. In the event of such withdrawal, any non-tangible information related to such
information retained in the minds of the non-owning Party’s employees shall be treated as Specific Results by the non-owning Parties. Absent such
notice and withdrawal within thirty (30) days, all information deliberately provided by the owner of such information or evaluated by the Project
Leaders shall be treated as Specific Results.
3.3.1 Any issue as to whether information was deliberately provided to the Process Development Projects shall be resolved by the Project
Leaders based on either of the following criteria:
3.3.1.1 whether the information was deliberately exposed to the other Parties by a Representative of the owner of such
information; or
3.3.1.2 whether the evaluation of the information by the Representatives was validly considered for incorporation into the
Process Development Projects.
If the Project Leaders cannot agree, such issue shall be resolved by the Management Committee in accordance with the criteria in Sections 3.3.1.1
and 3.3.1.2.
3.3.2 Each Party shall be responsible for instructing its Representatives on methods of proper introduction of information into the Process
Development Projects, and the consequences under Section 7.10, below, of information that is inadvertently obtained.
Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003