AMD 2002 Annual Report Download - page 252

4.6 Each Party shall be responsible for the selection of its Representatives who will be assigned to work in the ASTC on the Process Development
Projects. Personnel supplied by each Party who are Representatives of the supplying Party shall not for any purpose be considered employees or
agents of any other Party. Each Party shall be responsible for the supervision, direction and control, payment of salary (including withholding of
taxes), travel and living expenses (if any), worker’s compensation insurance, disability benefits and the like of its own Representatives. In addition,
each Party may reassign any of its Representatives as such Party deems necessary, subject to Section 4.3, above.
4.7 If any Party should become aware of the existence of any hazardous conditions, property, or equipment which are under the control of another Party
it shall so advise the other Party; however, it shall remain that Party’s responsibility to take all necessary precautions against injury to persons or
damage to property from such hazards, property, or equipment until corrected by the other Party. Each Party agrees to comply with the Occupational
Safety and Health Act (“OSHA”), applicable OSHA standards, applicable New York safety and health laws and regulations, any applicable
municipal ordinances, and applicable facility safety rules of which the Party has notice, regarding the Representatives it assigns to the Process
Development ASTC.
4.8 The Parties agree that the Parties and any Subsidiaries shall refrain from making any payment or gift of any value to any Representatives of any
other Party assigned to the ASTC without the employing Party’s prior written approval. No Party (or any of its Subsidiaries) may make any
representation that might cause a Representative of another Party to believe that an employment relationship exists between such Representative and
the other Party.
4.9 Each Party assumes no liability to the other Parties for any injury (including death) to persons or damage to or loss of property suffered on or about
the ASTC unless caused by the gross misconduct or gross negligence of such Party, its Representatives or invitees.
4.10 To the extent permitted by law, during the term of this Agreement, each Party agrees neither to directly or indirectly solicit for employment
purposes the Representatives of any other Party engaged in semiconductor development in IBM’s East Fishkill or Yorktown Research facilities or
AMD’s Sunnyvale, Austin or Dresden facilities or other Representatives working on the Process Development Projects until at least one (1) year has
passed between the date such employee stopped being engaged in semiconductor development, and the date of solicitation, without the prior written
permission of such other Party. However, the foregoing does not preclude general (i.e., non-targeted) recruitment advertising. In addition, to the
extent permitted by law, during the term of this Agreement, each Party agrees that its units, divisions, line of business or other comparable
organizational structures, involved in the development of semiconductor process technologies shall not hire Representatives of any other Party
engaged in the Process Development Projects, without the prior written permission of such other Party.
Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003