AMD 2004 Annual Report Download - page 368

The total of any contractual penalty to which Company is entitled to for being in delay with meeting the milestone CUB Weathertight
shall not exceed [***]*.
b) If Contractor is, due to Contractor’s fault, in delay with meeting the milestone Fab Weathertight and Airtight provided for in no.
7.1.b) of this Agreement for more than [***]*, Company shall be entitled to a contractual penalty of
-[***]*
-[***]*
-[***]*
The total of any contractual penalty to which Company is entitled to for being in delay with meeting the milestone Fab Weathertight and
Airtight shall not exceed [***]*.
c) If Contractor is, due to Contractor’s fault, in delay with meeting the milestone Fab X Ready for Equipment provided for in no. 7.1.c)
of this Agreement for more than [***]*, Company shall be entitled to a contractual penalty of
-[***]*
-[***]*
-[***]*
The total of the contractual penalty to which Company is entitled for being in delay with meeting the milestone Fab X Ready for
Equipment shall not exceed [***]*.
The Parties acknowledge and confirm that the entitlement to contractual penalty does not impact on Company´s other or further rights or claims
based on the delay, including, but not limited to, Company´s right to claim compensation for damages because of such delay (Verzugs- und/oder
Verzögerungsschaden) including, but not limited to, damage due to allowance not being granted (Investitionszulagen). These other or further rights
or claims shall, however, be reduced by the amount of the contractual penalty to which Company is entitled.
* Confidential treatment has been requested for portions of this exhibit.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005