AMD 2004 Annual Report Download - page 349

the Advanced Technology and Process Center (ATPC) or, if this agreement is insufficient to the specifications and descriptions under the
Design/Build Agreement of November 15, 1996.
The parties acknowledge and confirm that in case more than one way of executing the Works leads to completion of Fab X or a component or part
thereof meeting the standards and requirements provided in this Agreement, Company has the right to choose the way of execution. If exercising
such right to choose leads to cost or time impact this impact is covered by the change procedure provided for in no. 4.
These aforementioned obligations include, but are not limited to, all and any Works described and provided for in the design documents attached as
Exhibit 3 Design. All standards or requirements necessary or expedient as described herein for completing Fab X in a turn-key and functional
manner and in a ready for unrestricted hook up condition shall be met by the Works, this includes, but is not limited to, meeting all standards and
requirements provided for in the design documents attached as Exhibit 3 Design.
As exception, the Parties clarify that to the extent regulations in Exhibit 3 Design deal with the technical solution for insurance reasons (FM or
VDS) (which is still pending) elements of the Works are only covered by the lump sum provided for in no. 3.1 to the extent these aforementioned
elements of the Works are explicitly described in Exhibit 3 Design. To the extent that regarding the aforementioned elements of the Works works
or services other than those contained in Exhibit 3 Design are requested the impact on the remuneration shall be determined in accordance with the
procedure provided for under no. 4.
The Contractor shall with regard to planning, designing, constructing, erecting, installing, equipping, starting up, calibrating, adjusting and turning
over use best efforts to secure maximum possible value added and to execute the Works in a manner that there is no detrimental impact on the
operation of, and production in, Fab 30.
Moreover, Contractor is aware of the impact executing the Works under this Agreement could have on the operation of, and the production in, the
adjacent Fab 30. Contractor acknowledges that Contractor is aware that any detrimental impact the execution of the Works may have on Fab 30
and the operation of, and production in, Fab 30 could lead to losses, damages, claims etc, for which Contractor is liable to the extent provided for
in this
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005