AMD 2003 Annual Report Download - page 232

and no additional remuneration shall be paid for these works and services which shall form part of the Works.
3.2. Payments on Account
Contractor shall be entitled to payments on account as provided in Exhibit 7 Payment Schedule. All payments except for the final payment shall be
considered payments on account (Abschlagszahlungen) and shall not be deemed to signify or imply acknowledgement (Anerkenntnis) or acceptance of the
Works to which the particular payment on account relates. Invoices regarding payments on account (Abschlagsrechnungen) shall – to the extent provided
for in no 10.1 and if the respective underlying Works were completed—become due for payment within 45 days from being received by Company.
On Company’s request Contractor shall – within one week from receipt of the request – provide Company with invoices on account relating to Works
which Company requests to be invoiced.
If mutually agreed upon by the parties Contractor has the right to submit to Company a partial final invoice (Teilschlußrechnung) relating to parts being
subject to prior use or partial acceptance, provided that such partial final invoice does not constitute acceptance or transfer of risk to Company (unless
provided otherwise in this Agreement).
3.3. German Income Tax Act
The parties clarify that the remuneration to be paid under this Agreement is subject to the provisions under section 48 German Income Tax Act
(Freistellungserkärung nach § 48 Einkommenssteuergesetz), including the deduction provided for therein, to the extent applicable.
3.4. Presupposition for Payments becoming due
No payment whatsoever shall become due prior to Contractor submitting to Company the performance guarantee provided for in no. 10.2, the refined
lump sum price estimate provided for in no. 4 and Contractor submitting to Company a declaration (Freistellungserklärung) meeting the requirements of
19
Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004