AMD 2004 Annual Report Download - page 359

Except for the first payment on account of Euro 10,800,000.00 (plus VAT as applicable from time to time) no payment whatsoever shall become
due prior to an equity injection security (belastbare Durchfinanzierungszusage being submitted to Company.
4. Changes
Company shall be entitled to – in writing – request Contractor to execute changes or additional works, services and deliveries (“Additional
Works”). Such changes or Additional Works shall be executed even if at the time of the written request agreement on the impact of the change or
the Additional Works on the remuneration to be paid to Contractor has not been reached. In that case the impact on the remuneration shall be
determined within a reasonable time from the Company´s request to execute changes or Additional Works.
The execution of changes or Additional Works prior to an agreement on the impact on the price shall not lead to a detrimental financial impact on
Contractor. However, Contractor shall, prior to the execution notify Company in writing of the price impact, otherwise Contractor shall not be
entitled to an increase of the remuneration.
If an order of Company for changes or Additional Works leads to the project being held up, interrupted or an extension of time, Contractor shall
notify Company in writing prior to the commencement of the execution of the changes or of the Additional Works on the – fifth (5) working day
from receipt of the written request. If Contractor fails to give such written notification in time, Contractor shall not be entitled to an extension of
time.
Unless provided otherwise in this Agreement all provisions relating to Works and the execution of Works under this Agreement shall also apply
to changes or Additional Works.
Company is, at any time, entitled to request Contractor not to execute certain Works or to reduce the scope of work. In this case Contractor is
obliged to immediately stop Works which Contractor is requested not to execute. The Parties clarify that this does not lead to a reduction of the
remuneration Contractor is entitled to for Works already executed (the Parties clarify that
20
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005