AMD 2004 Annual Report Download - page 382

Company the entire amount Company would have received without such breach. Contractor shall assist Company in all and any proper way to
enable Company to be reimbursed in accordance to the first sentence of this no. 14.3.1. Contractor assigns to Company (and Company accepts
this assignment) all and any claims related to Company’s damages against third parties exceeding the amounts payable (by Contractor and/or
insurance company) to Company under sentences 1-3 of this no. 14.3.1 and Contractor shall assist Company in all and any proper way to enable
Company to enforce such claims.
There shall be no limitation on Contractor’s liability for damages resulting from Contractor’s gross negligent or intentional conduct.
14.3.2. If and to the extent consequential damage, e.g. loss of profit, loss of production, loss of use, loss of interest, plant downtime costs, occurs and does
not result from gross negligent or intentional conduct the liability of Contractor shall be limited to [***]*. Contractor assigns to Company (and
Company accepts this assignment) all and any claims related to Company’s damage against third parties exceeding the amounts payable (by
Contractor) to Company under the first sentence of this no. 14.3.2 and Contractor shall assist Company in all and any proper way to enable
Company to enforce such claims.
There shall be no limitation on Contractor’s liability for damages resulting from Contractor’s gross negligent or intentional conduct.
14.3.3. The Parties clarify and confirm that the amount of damages Company shall be entitled to in case of delay shall be limited to a maximum of the
potential maximum amount of contractual penalties [***]*. The Parties clarify that such damage includes, but is not limited to damage resulting
from delays (Verzögerungs- und Verzugsschäden) including, but not limited to, all and any losses due to allowances not being granted (Verluste
dadurch, daß Investitionszulagen nicht gewährt wurden).
Contractor assigns to Company (and Company accepts this assignment) all and any claims against third parties related to Company’s damage
exceeding any amounts payable (by Contractor) to Company under sentences 1-2 of this no. 14.3.3 and Contractor shall assist Company in all
and any proper way to enable Company to enforce such claims.
*Confidential treatment has been requested for portions of this exhibit.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005