AMD 2002 Annual Report Download - page 257

7.2 Any confidential information disclosed by one Party to another in performance of the Process Development Projects shall be designated with an
appropriate and conspicuously obvious legend, such as “IBM Confidential” or “AMD Confidential”, as the case may be, such legends to clearly
indicate to a person viewing or otherwise accessing such information that it is of a confidential nature to the disclosing Party. Any such disclosure
that is made orally shall be confirmed in writing under a like designation within thirty (30) days after the date of such disclosure. The Technical
Coordinators shall monitor and keep records of all such disclosures of confidential information and shall ensure that it is properly marked as
confidential, and record the date of receipt. Specific Results generated pursuant to the Process Development Projects and any confidential
information that is included in Specific Results shall be clearly designated by the Technical Coordinators with an appropriate legend, such as
“IBM/AMD Confidential”. Further, in the event that a Representative of any Party obtains information relating to the Process Development Projects
in tangible form which is not designated as confidential in accordance with this Section 7.2, but which from its nature appears likely to be
confidential, such Representative will notify the Technical Coordinators who then will decide whether or not such information can and should be
thereafter treated as confidential. The Technical Coordinators shall either mutually agree that such information is non-confidential or have all copies
of such information in tangible form promptly marked with the appropriate legend identifying its confidentiality.
7.3 Except as otherwise provided in this Agreement, with respect to Specific Results and any other confidential information of either Party, which is
confidential pursuant to Section 7.2 above, the Party receiving such information shall use the same efforts to avoid its publication or dissemination
to Third Parties as it employs with respect to information of its own which it does not desire to be published or disseminated. For Specific Results of
each Process Development Project and Background Know-How, the obligations of confidentiality shall terminate *** for each applicable Process
Development Project (if this Agreement is terminated or if for some other reason a given Process Development Project is not pursued ***, such time
period shall be *** of the applicable Process Development Project); in the case of Proprietary Tools, this obligation of confidentiality shall terminate
*** after its disclosure by the disclosing Party; and for all other confidential information this obligation of confidentiality shall terminate *** after
its disclosure by the disclosing Party. This obligation shall not, however, apply to any information that is:
7.3.1 already in or comes into the possession of the receiving Party or its Subsidiaries without obligation of confidence;
7.3.2 now, or hereafter becomes, publicly available without breach of this Agreement;
7.3.3 intentionally disclosed to or rightfully received from Third Parties without obligation of confidence;
7.3.4 independently developed by the receiving Party or its Subsidiaries;
7.3.5 approved for release by written agreement of the disclosing Party; or
*** Confidential information omitted and filed separately with the Securities and Exchange Commission.
Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003