AMD 2003 Annual Report Download - page 262

If a clause of this Agreement is or becomes void, the other clauses of this Agreement shall not be affected by such invalidity. The Parties shall agree on a
clause having the same or a similar economic effect as the void clause to achieve the economic purpose of the void clause.
The Parties clarify that (unless agreed otherwise in this Agreement) if and to the extent Exhibits are not prepared at the time of signing this Agreement or
not finalized at the time of signing this Agreement the Parties shall in good faith and in good time agree on the contents of such Exhibit not prepared or if
an Exhibit is not finalized the Parties shall in good faith and in good time finalize the Exhibit. The validity of this Agreement shall not be impacted by
such missing or not finalized Exhibits.
If any deviation between the English terms in this Agreement and the German terms or explanations to such English terms occur, the German terms or
explanations shall prevail for the interpretation of this Agreement.
20. Condition Subsequent
This Agreement is subject to the condition subsequent (auflösende Bedingung) that to the Co-operation Agreement between the Free State of Saxony,
Advanced Micro Devices Inc. and M+W Zander Fünfte Verwaltungsgesellschaft mbH of November 20, 2003 (Kooperationsvertrag vom 20. November
2003) is consented to by the supervisory board of Jenoptik AG and consented to by the supervisory board of M+W Zander Holding AG by December 15,
2003. If such condition subsequent occurs (Eintritt der auflösenden Bedingung) the provisions under no. 9, 11, and 17 shall survive this Agreement and
any claims by Contractor (except for claims under the letter of intent of May 16, 2003 as amended under the letters of August 13, 2003 and November 3,
2003) of shall be governed by section 812 sq. (fortfolgende) German Civil Code (BGB).
Company Contractor
Dresden, /s/ HANS-RAIMUND DEPPE Dresden, /s/ HELMUT LAUB
49
Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004