AMD 2004 Annual Report Download - page 273

1.2.5 “AMD PRC Customers” means the Customers set forth in Section A ofSchedule 1.2.5 and such other Customers that are specified as AMD
PRC Customers in accordance with Section B ofSchedule 1.2.5.
1.2.6 “AMD Short Term Support Customer” means a Customer listed as such onSchedule 2.1.
1.2.7 “AMD Territory” means the Americas and Europe.
1.2.8 “AMD Transitional Support Customer” means, collectively, the AMD Short Term Support Customers and the AMD Extended Period
Support Customers.
1.2.9 “Americas” means the countries and territories of North America, Central America and South America.
1.2.10 “Best Efforts” means the efforts that a prudent Entity or person desiring to achieve a particular result would use in order to achieve such
result reasonably expeditiously. An obligation to use “Best Efforts” does not require the Entity or person subject to such obligation to take actions that would
result in a materially adverse change in the benefits to such Entity or person of this Agreement.
1.2.11 “Channel Partner” means any Entity other than an AMD Subsidiary who is appointed by AMD as a sub-distributor or sales representative,
pursuant to a written agreement between AMD and such Entity in accordance with Section 5.2. A list of Channel Partners as of the Effective Date is set forth in
Schedule 1.2.11. AMD will provide FASL with an updated Schedule 1.2.11 or other reasonable form of notice from time to time whenever it appoints a new
Channel Partner or terminates an existing Channel Partner.
1.2.12 “Claims” is defined in Section 19.
1.2.13 “Combined Product” means any Product that contains both (a) FASL Content, and (b) components or products manufactured by any other
Entity, which components or products do not constitute FASL Content.
1.2.14 “Confidential Information” has the meaning set forth in Section 16.1.
1.2.15 “Customer” means an Entity, other than AMD in its capacity as distributor hereunder, that purchases Products, but excluding Channel
Partners.
1.2.16 “Custom Product” means any Product that has sufficiently unique attributes that it may only be sold to a single Customer or to a limited
number of Customers. In addition, if a Product is being discontinued or has been discontinued on a general basis, as set forth in Section 10.2 below, but may still
be made available to specific Customers, then it too shall be considered a Custom Product. FASL will identify all Custom Products as such in FASL’s
then-current Quarterly price list or other reasonable form of communication to AMD, including an end-of-life notice, if applicable.
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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