AMD 2004 Annual Report Download - page 337

13.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.
14.Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted
assigns, including any entity that is the successor to substantially all of the assets or businesses of such Party. No Party may assign, delegate or transfer any of its
rights or obligations hereunder, other than to a successor to substantially all of the assets or businesses of such Party, without the prior written consent of the
other Parties. Any attempted assignment in violation of this Section 14 shall be null and void.
15.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.
16.Construction; Interpretation. 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.
17.Severability. If any provision in this Agreement should be found or be held to be invalid or unenforceable (including, without limitation, the
geographic and temporal restrictions contained herein), 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
reasonable 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.
18.Counterparts. 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.
19.Entire Agreement. This Agreement, together with Operating Agreement, the Contribution Agreement, the Confidentiality Agreement and the
Transaction Documents constitute the entire agreement among the Parties pertaining to the subject matter hereof, and supersede all prior oral and written, and all
contemporaneous oral, agreements and understandings pertaining thereto.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005