AMD 2004 Annual Report Download - page 403

§ 13 Non-Discrimination
13.1 AMD undertakes not to discriminate unreasonably against Fab X in favour of comparable factories.
13.2 Strategic decisions in relation to Fab X, and which concern the Dresden location, will not be taken against the wishes of Saxony, in accordance with
the provisions concerning voting rights in the Limited Partnership Agreement of AMD Fab X.
§ 14 Warranty by AMD
14.1 AMD warrants irrespective of fault, by way of an independent guarantee, in accordance with § 311 ss. 1 Civil Code,
that the provision for Fab X, in the event that this is technologically feasible, will be supplemented up to the point at which suitability for industrial
production (= “Technical Completion” as defined in the Summary of Terms and Conditions regarding the grant of the bank loan to Fab X in the
amount of € 700 million) has been achieved.
14.2 In the event of the breach of warranty, the other Parties are initially each entitled and obliged to demand that AMD provide proper performance within
a reasonable period. These rights cannot be enforced if the other Party has committed a material breach of contract.
14.3 The availability of the results of the JDA to Fab X for the production of AMD products will be regulated by way of conclusion of the license
agreement according to Appendix 1.2.
§ 15 Liability
15.1 Unless otherwise provided in this Agreement, the Parties are liable only in the case of intent and gross negligence.
15.2 There shall be no liability on the part of Saxony on the basis of the draft agreements submitted according to Section 20.5 or under § 839 Civil Code
and Art. 34 of the Constitution, due to a breach of the confidentiality in connection with the political decision-making. Damage claims of any kind
whatsoever, including, but not limited to, claims under § 839 Civil Code and Art. 34 of the Constitution,
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005