AMD 2002 Annual Report Download - page 272

of rights hereunder. If either Party is required by its national government to pay income tax in respect of the payments and/or royalties made by it to either or
both of the other Parties, said Party shall pay such income tax on behalf of said other Party. Said Party may deduct such income tax from said payments and/or
royalties otherwise due and shall furnish said other Party, within a reasonable time after its receipt of tax certificates from the applicable government entity such
certificates and other evidence of deduction and payment thereof as said Party may properly require. In addition, each Party may independently pursue any
applicable tax credit for its share of expenses related to the Process Development Projects.
SECTION 17—LIMITATION OF LIABILITY
17.1 In no event shall either Party be liable to the other Party for incidental damages, punitive damages, lost profits, lost savings or any other such
damages, including consequential damages, regardless of whether the claim is for breach of contract, breach of warranty, tort (including negligence),
failure of a remedy to accomplish its purpose or otherwise, even if such Party (or any Subsidiary) has been advised of the possibility of such
damages.
17.2 In no event shall either Party’s (or its respective Subsidiaries’) aggregate liability to the other Party for actual direct damages in connection with any
claim or claims relating to this Agreement exceed the amount of *** United States dollars (US $***), regardless of the form of action, provided that
this limitation will not apply to: i) any claim for payment of a sum or sums properly due under this Agreement; ii) breach of confidentiality or
license; or iii) death, personal injury or physical damage to real property or tangible personal property resulting from a Party’s own negligence, or
that of its employees, agents or subcontractors.
17.3 Nothing contained herein shall limit either Party’s right to seek a preliminary injunction, temporary restraining order or any other
equitable relief in order to avoid material harm to its property, rights or other interests. The Parties agree that for breaches of
confidentiality or license provisions the Party whose license grant or confidential information has been breached (“non-breaching Party”)
shall suffer irreparable harm and that remedies at law may be insufficient; therefore, the non-breaching Party may seek any remedy at
law or in equity, including but not limited to, preliminary injunction, injunction, and/or a temporary restraining order, without having to
prove either failure of a remedy at law or irreparable harm.
17.4 In no event shall either Party (or its respective Subsidiaries) be liable for any damages claimed by the other Party based on any Third Party claim,
except as specifically set forth in Section 17.2 (iii) above.
*** Confidential information omitted and filed separately with the Securities and Exchange Commission.
Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003