AMD 2004 Annual Report Download - page 362

Contractor shall submit to Company a written proposal which bid Contractor considers most favorable for Company which proposal shall
contain the underlying reasons.
Contractor is entitled to a fee of [***]* of the remuneration to be paid to the respective subcontractor (as general contractor’s fee
(Generalübernehmerzuschlag) and of [***]* of the remuneration to be paid to the respective subcontractor as lump sum for the indirect costs of
Contractor in addition to the costs to be paid to the respective subcontractor in accordance to the respective subcontract.
The Parties clarify that not Company but Contractor shall be party to the subcontracts and that the provisions of this Agreement relating to
subcontractors shall apply unless explicitly provided otherwise in this no. 4.2.
4.3. Payments
In case of reductions the respective reduction will be considered in the next invoice regarding a payment on account (Abschlagsrechnung) and the
amount invoiced is reduced accordingly. In cases of increases of remuneration the respective increase shall be – in verifiable form and explaining
the calculation of the increase and the basis thereof in detail – included in the invoice regarding the payment on account which relates to the Works
the change or Additional Works relate(s) to.
In case of a termination of the entire Agreement under the termination provisions contained in no. 13.2 of this Agreement, Contractor shall be
only entitled to the remuneration provided for in these termination provisions.
5. Subcontracting/Personnel
5.1. Subcontracting
Contractor shall be entitled to subcontract parts of the Works if and to the extent the following procedure is applied. Prior to entering in contracts
with subcontractors Contractor shall inform Company in writing of Contractor´s
* Confidential treatment has been requested for portions of this exhibit.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005