AMD 2004 Annual Report Download - page 344

PREAMBLE
This Design/Build Agreement (hereinafter referred to as “Agreement”) is made and entered into this 20th of November, 2003 by and between SI Investment
Limited Liability Company & Co KG, Louis-Braille-Straße 5, 01099 Dresden, Germany (hereinafter referred to as “Company”) and M+W Zander Facility
Engineering GmbH, Lotterbergstraße 30, 70499 Stuttgart, Germany (hereinafter referred to as “Contractor”). Company and Contractor, are collectively
referred to as “Parties” or each separately as “Party”.
RECITALS
A. Company will purchase certain land located in Dresden, Wilschdorfer Straße marked in the plan attached as Exhibit 1 Site Plan in blue (the
“Site”).
B. Contractor, or a joint venture of which Contractor forms part respectively, entered into a Co-Operation Agreement (Kooperationsvertrag vom
20. November 2003) under the conditions of which Contractor shall enter into a partnership agreement. Therefore, Contractor, or a joint venture of which
Contractor forms part respectively, is not only Party to this Agreement but also limited partner (Gesellschafter/Kommanditist) of Company.
C. Company desires to obtain a new state-of-the-art microprocessor wafer fabrication facility for designing and producing integrated circuits (300
mm microprocessor wafers (65 nm technology, intended to be later on upgraded to up to 45 or 32 nm (to the degree defined in this Agreement) and associated
support facilities to be located on the Site. The result (Werkerfolg) of the works and services to be executed or rendered under this Agreement is referred to as
“Fab X” (also referred to as “S.I.L.K.”). Company commissions Contractor to plan, design, construct, erect, install, equip, start up, calibrate, adjust and turn
over Fab X and execute all and any works, render all and any services and make all and any deliveries (hereinafter collectively referred to as “Works”) which
are necessary or expedient for completing Fab X in a turn-key and functional manner and in a ready for unrestricted hook up condition, including, but not limited
to, all and anything which is technically or functionally necessary or expedient therefore, including, but not limited, to all and any items which could have an
impact on productivity, yield or ease of use but excluding any works and services explicitly excluded in this Agreement.
5
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005