AMD 2004 Annual Report Download - page 248

be deemed to include all subsequent amendments, restatements and other modifications thereto or supplements thereof and (iii) references to any statute or
regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing or interpreting such statute
or regulation.
13.8.4Presumptions. No party, nor its counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this
Agreement, and all provisions of this Agreement shall be construed in accordance with their fair meaning, and not strictly for or against any party.
13.9 Rights and Remedies Cumulative
The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by any party shall not preclude or waive
its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or
otherwise.
13.10 No Assignment; Binding Effect
Except as otherwise expressly provided herein, no party may assign, delegate or otherwise transfer any of its rights or obligations hereunder without
the prior written consent of each other party. Any attempted assignment in violation of the foregoing shall be null and void. Subject to the foregoing, this
Agreement shall be binding on and inure to the benefit of the Members, their heirs, executors, administrators, successors and all other Persons hereafter holding,
having or receiving an interest in the Company, whether as Assignees, Substitute Members or otherwise.
13.11 Language
This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language
shall be for accommodation only and shall not be binding upon the parties. All communications and notices to be made or given pursuant to this Agreement shall
be in the English language.
13.12 Severability
If any provision in this Agreement will be found or be held to be invalid or unenforceable, then the meaning of said provision will be construed, to
the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it will be severed from the remainder of
this Agreement which will remain in full force and effect unless the severed provision is essential and material to the rights or benefits received by any party. In
such event, the parties will use their respective best efforts to negotiate, in good faith, a substitute, valid and enforceable provision or agreement which most
nearly affects the parties’ intent in entering into this Agreement.
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Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request.
Omissions are designated as ****. A complete version of the exhibit has been filed separately with the Securities and Exchange Commission.
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005