AMD 2004 Annual Report Download - page 375

the execution of all and any obligations of Contractor under this Agreement as well as furnishing a defects liability guarantee. If the performance
guarantee has not been used, the Company shall return the performance guarantee after the date of final acceptance simultaneously (Zug-um-Zug) to
the defects liability guarantee being furnished by Contractor. No payment whatsoever shall be due prior to handing over such guarantee.
10.3. Defects Liability Guarantee (Gewährleistungsbürgschaft)
If Contractor – after final acceptance – furnishes a defects liability bank guarantee (Gewährleistungsbürgschaft) to release the amount retained
under no. 10.1. of this Agreement, this guarantee shall conform to the sample attached as Exhibit 17 Defects Liability Guarantee and meet the
requirements of sec. 17 VOB/B. This defects liability bank guarantee shall – to the extent it has not been made use of in accordance with the
provisions of this Agreement – be returned upon expiry of the limitation period for defects liability as provided for in no. 9 of this Agreement.
The amount of this guarantee shall be [***]* of the gross remuneration (total of the gross remuneration under no. 3.1 of this Agreement). However,
Contractor has - upon expiry of the limitation period for the Works except for the part of the Works related to the roof the right to reduce this bank
guarantee to [***]* (or the retention of no bank guarantee has been delivered) of the gross remuneration relating to the roof - by providing a bank
guarantee of [***]* relating to the gross remuneration with respect to the roof simultaneously (Zug-um-Zug) to handing back the guarantee of [***]*
of the gross remuneration (or the remainder thereof if of the bank guarantee has (partly) been made use of).
10.4. Assignment for Security Purposes
Contractor assigns for security purposes (tritt sicherungshalber ab) to Company all and any claims, including, but not limited to, claims related to
defects liability (Gewährleistungsansprüche which includes Mängelansprüche), performance (Erfüllungsansprüche), against any or all (einzelne
oder alle) of its subcontractors and other contractors, as architects engineers and the like, vendors and other persons or entities which Contractor
employs for and related to fulfilling its duties under this Agreement. Company accepts this assignment.
* Confidential treatment has been requested for portions of this exhibit.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005