AMD 2002 Annual Report Download - page 273

SECTION 18—GENERAL
18.1 Nothing contained in this Agreement shall be construed as conferring any right to use in advertising, publicity or other promotional activities any
name, trade name, trademark or other designation of either Party hereto (including any contraction, abbreviation or simulation of any of the
foregoing); and each Party hereto agrees not to disclose to other than its Subsidiaries the terms and conditions of this Agreement except as may be
required by law or government rule or regulation, without the express written consent of the other Party. Notwithstanding the foregoing, 1) the
Parties shall be permitted to disclose a summary of pertinent Sections of this Agreement that are reasonably necessary for disclosing and/or
licensing under this Agreement, and 2) each Party shall be permitted to disclose pertinent Sections of this Agreement to such Party’s independent
accounting firm and outside attorneys; provided, however, that any such disclosure is under a written agreement containing restrictions of
confidentiality at least as stringent as those contained herein.
18.2 This Agreement shall be construed, and the legal relations created herein between the Parties shall be determined exclusively, in accordance with the
laws of the United States of America and, specifically, the State of New York, without regard to conflicts of law, as if said Agreement were
executed in, and fully performed within, the State of New York. Any proceeding to enforce, or to resolve disputes relating to, this Agreement shall
be brought before a court of competent jurisdiction in the State of New York, including a Federal District Court, sitting within such State. Parties
hereby expressly waive any right to a jury trial and agree that any proceeding hereunder shall be tried by a judge without a jury. In any proceedings
no Party shall assert that such court lacks jurisdiction over it or the subject matter of the proceeding.
18.3 In the event of any dispute under this Agreement, and as a condition precedent to any Party filing suit, instituting a proceeding or seeking other
judicial or governmental resolution in connection therewith, the Parties will attempt to resolve such dispute by negotiation in accordance with the
following dispute resolution process. Excepting only that a Party may institute a proceeding seeking an order for payment of any sum properly due
and unpaid, a preliminary injunction, temporary restraining order, or other equitable relief, if necessary in the opinion of that Party to avoid material
harm to its property, rights or other interests, before commencing or at any time during the course of, the dispute procedure in this Section 18.3.
18.3.1 Such negotiations shall first involve the individuals in the Management Committee. These individuals will exercise reasonable efforts
to resolve such dispute.
18.3.2 If such negotiations do not result within thirty (30) calendar days of their receipt of a written referral to them in a resolution of the
dispute, the dispute will be referred in writing to the senior executives named in Section 4.1.1, above, which senior executives shall
discuss and meet in person, if necessary, in order to attempt to negotiate a resolution to the dispute.
Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003