AMD 2004 Annual Report Download - page 363

intention to subcontract giving Company the complete name and address of the proposed subcontractor and the part of the Works to be executed by
this subcontractor. The Contractor shall not employ a proposed subcontractor if Company submits to Contractor in writing – and within three
working days from being informed of name, address and part of work – an objection to employing the subcontractor and this objection is supported
by good cause explained in writing in the objection letter.
In case such objection is supported by good cause, Contractor is not entitled to any additional remuneration because of the employment of a
subcontractor other than the one initially proposed.
The Parties acknowledge that Company has not objected to employing the subcontractors contained in the list attached as Exhibit 12 List of
Subcontractors consented to.
Subcontracting does not impact on Contractor’s liability and responsibility under this Agreement. The Contractor remains liable for all acts and
omissions of the subcontractors which shall be persons or entities engaged by Contractor for the fulfillment of Contractor´s obligations
(Erfüllungsgehilfen des Contractors). The Contractor shall use its best efforts in choosing subcontractors which are competent, capable and
qualified to complete the Works to be executed by the respective subcontractor properly and in–time.
The Contractor explicitly affirms that its employees are paid at least minimum wages. The Contractor moreover affirms only to employ
subcontractors and entities providing workers (Verleiher i.S. des Arbeitnehmerüberlassungsgesetzes) which equally compensate their employees by
minimum wage. Contractor will – on demand – provide Company with the necessary documentation that Contractor as well as any subcontractor
or entities providing workers have paid and will pay such minimum wage.
Contractor shall, simultaneously with signing this Agreement, sign the declaration attached to this Agreement as Exhibit 13 Work Force
Regulation and shall impose on subcontractors at least the same obligations.
5.2. Personnel
The Contractor’s personnel shall be appropriately qualified, skilled and experienced in their respective trades and occupations, as to ensure
professional execution of the works. Contractor shall impose on all subcontractors the obligation to employ and use equally qualified, skilled and
experienced personnel.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005