AMD 2004 Annual Report Download - page 360

works which are in progress are remunerated to the extent already carried out) in accordance with this Agreement prior to receipt of the request.
Only in case and to the extent Contractor is in the course of duly executing the Works obliged to remunerate subcontractors or render other
payments to third parties, which remuneration or payment can not be avoided (for example can be avoided since the change leads – in total - to an
increased remuneration or payment) Company shall reimburse Contractor for such expenditures (such reimbursement shall be limited to the
remuneration if the portion had be executed).
The Parties clarify that changes of quantities (Massen and Mengen) within the scope of work (the scope of work which relates to the lump sum
provided for in no. 3.1) shall not lead to an adjustment of the remuneration.
The remuneration provided in no 3.1 of this Agreement shall – in case change or Additional Works are executed – be adjusted as follows:
4.1. Adjustment can be calculated based on lump sum price calculation
Contractor based the lump sum provided for in no. 3.1 on the lump sum price calculation attached as Exhibit 11 Lump Sum Price Calculation.
4.1.1. Works to be executed in addition
If due to a request for changes or Additional Works works, services or deliveries which are not part of the Works which form part of the wafer
fabrication facility to be completed as described under no. 2.1 but which are equal to items, other parts of the Works or components etc. covered by
the lump sum price calculation or the refined lump sum price calculation are requested to be executed and not part of the Works to be executed for
the initial lump sum the remuneration is increased by the amount for the respective part of the change or Additional Works to be executed
contained in the lump sum price calculation or, the refined lump sum price calculation (which based on and in line with the lump sum price
calculation further details the lump sum price calculation and in which unit prices are allocated to all components, items etc.) if already delivered at
the time of requesting the change or Additional Works underlying the works, services or deliveries to be executed or rendered in addition. The
refined lump sum price calculation shall be submitted to Company by Contractor no later than November 30, 2003 and replace the the lump sum
price calculation.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005