AMD 2004 Annual Report Download - page 371

path set forth in the schedule provided for in no. 7.4 of this Agreement. Notwithstanding anything herein to the contrary, events of “force majeure”
shall not include the following: (I) delays caused by general economic conditions or (II) delays caused by open market conditions, such as inability
to procure labor or materials in the open market. Insufficiensies in the design of Fab X, rejection by Company pursuant to this Agreement of any
proposed subcontractor or material or absense of Contractor’s representatives or other personnel shall also not be considered as a just cause of
delay. Contractor shall be fully responsible for the timely ordering, scheduling, expediting, delivery, and installation of all material, items etc..
Therefore, delays by vendors in manufacture or delivery of materials, which delays are not caused by force majeure, or shortages of labor or
materials resulting from general market conditions shall not be considered as a just cause of delay.
8. Distribution of Risk
Except otherwise provided in no. 6 the distribution of risk shall be exclusively governed by sections 644, 645 German Civil Code (BGB).
9. Defects Liability
9.1 Defects Liability
The limitation period for defects liability (Gewährleistungsfrist = Frist in der Mängelansprüche verjähren) shall be:
Wear and tear: 1/2 year
Electrical (electrical generating or transmitting equipment,
such as transformers, switch gear, generators,, etc.): two years
Rotating and fire exposed parts and bulbs: one year
Piping and static as well as mechanical parts: five years
Any other portion of the facility: five years
Roof: ten years
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005