AMD 2004 Annual Report Download - page 358

3.2. Payments on Account
Contractor shall be entitled to payments on account as provided in Exhibit 7 Payment Schedule. All payments except for the final payment shall
be considered payments on account (Abschlagszahlungen) and shall not be deemed to signify or imply acknowledgement (Anerkenntnis) or
acceptance of the Works to which the particular payment on account relates. Invoices regarding payments on account (Abschlagsrechnungen) shall
– to the extent provided for in no 10.1 and if the respective underlying Works were completed - become due for payment within 45 days from being
received by Company.
On Company’s request Contractor shall – within one week from receipt of the request – provide Company with invoices on account relating to
Works which Company requests to be invoiced.
If mutually agreed upon by the parties Contractor has the right to submit to Company a partial final invoice (Teilschlußrechnung) relating to parts
being subject to prior use or partial acceptance, provided that such partial final invoice does not constitute acceptance or transfer of risk to
Company (unless provided otherwise in this Agreement).
3.3. German Income Tax Act
The parties clarify that the remuneration to be paid under this Agreement is subject to the provisions under section 48 German Income Tax Act
(Freistellungserkärung nach § 48 Einkommenssteuergesetz), including the deduction provided for therein, to the extent applicable.
3.4. Presupposition for Payments becoming due
No payment whatsoever shall become due prior to Contractor submitting to Company the performance guarantee provided for in no. 10.2, the
refined lump sum price estimate provided for in no. 4 and Contractor submitting to Company a declaration (Freistellungserklärung) meeting the
requirements of section 48 German Income Tax Act (Einkommenssteuergesetz) or a declaration – justified - that Contractor will not submit such
declaration.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005