AMD 2004 Annual Report Download - page 385

In addition, Contractor shall meet, and shall impose on all persons acting on Contractor’s behalf the obligation to meet, the confidentiality
requirements provided for in this Agreement.
The Parties clarify that the confidentiality standards relating to C 4 process or building related to C 4, of which Contractor is aware shall be
obeyed at any time. Contractor shall make all subcontractors to also meet these confidentiality standards. The Parties shall cooperate in good faith
to comply with confidentiality standards of third parties related to C 4.
The confidentiality obligations of Contractor shall include, but not be limited to, the following:
a) All communications and information obtained by Contractor from Company relating to this Agreement, and all information developed by
Contractor under this Agreement, are confidential (“Confidential Information”). Without the prior written consent of Company,
Contractor shall neither divulge to, nor discuss with, any third party either Works executed hereunder, or any Confidential Information
in connection with such Works, except as required by law or, upon consultation with Company, necessary for the execution of this
Agreement unless Company objects for good cause. Prior to any disclosure of such matters, whether as required by law or otherwise,
Contractor shall inform Company, in writing, of the nature and reasons for such disclosure. Contractor shall not use any Confidential
Information obtained from Company for any purpose other than the performance of this Agreement, without Company’s written prior
consent.
b) The foregoing obligations shall not apply to the extent that the Party which has received the Confidential Information can show that such
Confidential Information of the disclosing Party (i) was in the possession of the receiving party or known to it before receipt from the
receiving Party, or (ii) has become generally known through no fault of the receiving Party, or (iii) was legally disclosed to the receiving
Party by another person without restriction, or (iv) was independently developed by the receiving Party, or (v) had to be revealed in
accordance with statutory or administrative provisions, or (vi) was revealed by the receiving Party after prior written consent of the
disclosing Party which is deemed to be given to the extent reasonably necessary for financing.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005