AMD 2004 Annual Report Download - page 369

The parties acknowledge and confirm, that the contractual penalty Company is entitled to shall be reduced to the amount of the actual damage
(Verzugs- und/oder Verzögerungsschaden) including, but not limited to, damage due to allowance not being granted (Investitionszulagen)) caused
by the delay if the milestone Fab Ready for Equipment is met despite one of or both of the other penalized milestones were not met. If the
contractual penalty had already been paid by Contractor and is to be reduced in accordance with the preceding sentence Company has to reimburse
Contractor accordingly.
The Parties clarify that Company may reserve its right to demand a contractual penatly (Vorbehalt der Vertragsstrafe) until the due date of the final
invoice.
7.3. Further Milestones
In addition, Contractor is obliged to complete the following milestones (some of which are defined in Exhibit 14 Milestone Definitions) by the
following dates:
Milestone Date
Spine weathertight [***]*
Office weathertight [***]*
Office ready for Occupation [***]*
Ready for Unrestricted Hook Up [***]*
The fact that these milestones are not subject to contractual penalty does not impact Contractor’s responsibility for meeting these milestones or
Contractor’s liability for damages, losses etc. resulting from Contractor culpably being in delay with punctually completing the relevant part of
the Works necessary for complying with the relevant milestone. In case of hindrances or other delays which do not result from culpable conduct of
Contractor or in case of Contractor being entitled to additional time due to orders of Company to execute Additional Works, the last two
sentences of no. 7.1. shall be applied accordingly.
* Confidential treatment has been requested for portions of this exhibit.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005