AMD 2004 Annual Report Download - page 387

Contractor explicitly warrants that it has not directly or indirectly offered or given, and will not offer or give, to any employee, agent, or
representative of Company any cash or non-cash gratuity or payment with a view toward securing any business from Company or influencing such
person with respect to the conditions or the performance under any contracts (including this Agreement) with or order from Company, including
without limitation this Agreement.
The Parties submit, with respect to any disputes arising in connection with this Agreement, to the exclusive jurisdiction of the courts of Dresden, as
far as legally permissible.
If a clause of this Agreement is or becomes void, the other clauses of this Agreement shall not be affected by such invalidity. The Parties shall
agree on a clause having the same or a similar economic effect as the void clause to achieve the economic purpose of the void clause.
The Parties clarify that (unless agreed otherwise in this Agreement) if and to the extent Exhibits are not prepared at the time of signing this
Agreement or not finalized at the time of signing this Agreement the Parties shall in good faith and in good time agree on the contents of such
Exhibit not prepared or if an Exhibit is not finalized the Parties shall in good faith and in good time finalize the Exhibit. The validity of this
Agreement shall not be impacted by such missing or not finalized Exhibits.
If any deviation between the English terms in this Agreement and the German terms or explanations to such English terms occur, the German terms
or explanations shall prevail for the interpretation of this Agreement.
20. Condition Subsequent
This Agreement is subject to the condition subsequent (auflösende Bedingung) that to the Co-operation Agreement between the Free State of
Saxony, Advanced Micro Devices Inc. and M+W Zander Fünfte Verwaltungsgesellschaft mbH of November 20, 2003 (Kooperationsvertrag vom
20. November 2003) is consented to by the supervisory board of Jenoptik AG and consented to by the supervisory board of M+W Zander Holding
AG by December 15, 2003. If such condition subsequent occurs (Eintritt der auflösenden Bedingung) the provisions under no. 9, 11, and 17 shall
survive this Agreement and any claims by Contractor (except for claims under the
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005