AMD 2003 Annual Report Download - page 220

hydrological conditions and Contractor is aware of all and any requirements and conditions of a proper operation and production (including, but not limited to,
the production of semiconductor processors) within Fab 30 as well as within Fab X (all these conditions are hereinafter referred to as „Site Conditions”).
Contractor is liable for executing the Works in the aforementioned manner and meeting the requirements of the Site Conditions.
F. Company desires and Contractor acknowledges and is aware that it is essential that Fab X is completed within the milestones provided for in this
Agreement and that meeting the given time frame is a presupposition (Voraussetzung) for Company being able to operate Fab X and produce in Fab X,
otherwise an economical and efficient operation and production will be threatened or not be possible. Therefore, Contractor undertakes to complete the Works
in the given time frame. Moreover, Parties are aware that the environmental, health, safety and security requirements provided for in this agreement to be met on
Site, when executing the works and by Fab X are far above average standard and Contractor undertakes to meet such requirements.
Moreover, both Parties explicitly acknowledge and confirm that they are aware that for being granted the allowances Company applied for under the code
of allowances (Investitionszulagengesetz) based on which the financial concept underlying this project was developed it is of utmost importance to reach the
respective degree of completion described under no. 7.1.c) until [***]*.
G. Company’s ability to carry out the project underlying this Agreement depends on the fact that the financial presuppositions the project is based on are
met or maintained. Therefore, Parties agree that Company has an extraordinary termination right under circumstances described in this Agreement the impact
of which on the remuneration is stipulated in this Agreement.
H. Contractor confirms that Contractor will at all and any time keep the project underlying this Agreement equipped with all and any resources,
know-how, work force and all and any means and measures necessary to properly execute the Works under this Agreement and to complete Fab X in time and
that Contractor will not reduce its activities, work force or personnel and executing other projects or contracts will not detrimentally impact the project..
* Confidential treatment has been requested pursuant to section IV.1.(a) of the Confidential Treatment Request dated March 9, 2004.
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004