AMD 2003 Annual Report Download - page 241

7. Milestones; Contractual Penalty
7.1. Milestones (Vertragsfristen)
The following milestones allocated to the respective independent assets shall constitute contractual terms in the meaning of sec. 5 no. 1 VOB/B:
a) CUB Weathertight
All Works necessary or expedient for reaching CUB Weathertight (Fertigstellung der äußeren Hülle des Central Utility Building) as defined in
Exhibit 14 Milestone Definitions shall be completed on [***]* at the latest.
b) Fab Weathertight and Airtight
All Works necessary or expedient for reaching Fab Weather- and Airtight (Fertigstellung der äußeren Hülle des Fab Gebäudes) as defined in
Exhibit 14 Milestone Definitions shall be completed on [***]* at the latest.
c) Fab X Ready for Equipment
All Works necessary or expedient for reaching Fab X Ready for Equipment condition (which means that all independent assets of FabX (Office,
Spine, CUB and Fab) are ready for equipment as defined inExhibit 14 Milestone Definitions) shall be executed on [***]* at the latest.
The Parties clarify that in case hindrances or other delays which Contractor is not liable for (die Contractor nicht zu vertreten hat) or in case of
Contractor being entitled to additional time due to requests of Company to execute changes or Additional Works (if and to the extent Contractor
proves that such change or Additional Works result in a delay), Contractor shall not be in delay for these days and the date at which the part of the
Works underlying the relevant milestone are to be completed is postponed by the number of working days by which due to such hindrance, delay or
additional time the execution is delayed (which is calculated by applying the critical path method), provided, however, that Contractor is – under this
Agreement – entitled to claim such additional time. The Parties acknowledge and confirm that there could be substantial hindrances, delays and orders to
execute Additional Works which could lead to (a) substantial postponement(s) which would not lead to the provisions of this Agreement regarding
milestones and contractual penalties no longer being applicable (however, the date(s) of the respective milestone(s) shall be postponed in accordance to
this no. 7.1).
* 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