AMD 2004 Annual Report Download - page 306

If to FASL:
FASL LLC
One AMD Place M/S 150
P.O. Box 3453
Sunnyvale, CA 94086
Attention: General Counsel
Telephone: [phone]
Facsimile: [phone]
If to AMD:
Advanced MicroDevices, Inc.
One AMD Place M/S 150
P.O. Box 3453
Sunnyvale, CA 94086
Attention: General Counsel
Telephone: [phone]
Facsimile: [phone]
or to such other address or facsimile number as a Party may have specified to the other Party in writing delivered in accordance with this Section 21.7.
21.8 Expenses. Except as otherwise expressly set forth in this Agreement, each Party will bear its own costs and expenses, including fees and expenses of
legal counsel and other representatives used or hired in connection with the transactions described in this Agreement.
21.9 Force Majeure.
21.9.1Excuse. Neither Party will be liable to the other for failure or delay in performing its obligations hereunder if such failure or delay is due to
circumstances beyond its reasonable control, including acts of any governmental body, war, terrorism, insurrection, sabotage, embargo, fire, flood, earthquake,
strike or other labor disturbance, interruption of or delay in transportation, or unavailability of or interruption or delay in telecommunications or third party
services (“Force Majeure”); provided, however, that (a) a lack of credit, funds or financing, or (b) strikes or other labor disturbances that are limited to FASL’s
employees shall not constitute Force Majeure. This Section 21.9.1 shall not be interpreted as relieving a Party of an obligation to pay, but may serve to excuse
delay in making a payment when due.
21.9.2Mitigation. A Party seeking to be excused from performance as the result of Force Majeure will be excused to the extent such performance is
delayed or prevented by Force Majeure, provided that such Party shall use the utmost reasonably practicable efforts to complete such performance. Each Party
agrees to resume performance with the utmost dispatch whenever the causes of such excuse are cured or remedied.
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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