AMD 2004 Annual Report Download - page 307

21.9.3Notice. Should any Party be prevented from or delayed in or become aware that it is likely to be prevented from or delayed in carrying out its
obligations under this Agreement due to Force Majeure, such Party shall promptly give to the other Party a written notice setting forth the details of such Force
Majeure.
21.10 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 effects the Parties’ intent in entering into this Agreement.
21.11 No Third Party Beneficiaries. The terms and provisions of this Agreement are intended solely for the benefit of each Party and their respective
successors and permitted assigns, and the Parties do not intend to confer third party beneficiary rights upon any other Entity or person.
21.12 Construction. This Agreement shall be deemed to have been drafted by both Parties and, in the event of a dispute, no Party hereto shall be entitled
to claim that any provision should be construed against any other Party by reason of the fact that it was drafted by one particular Party.
21.13 Execution. This Agreement may be executed in counterparts, each of which so executed will be deemed to be an original and such counterparts
together will constitute one and the same agreement. Execution and delivery of this Agreement by exchange of facsimile copies bearing the facsimile signature of
a Party shall constitute a valid and binding execution and delivery of this Agreement by such Party.
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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