AMD 2004 Annual Report Download - page 405

including, but not limited to the grant of the federal/state guarantee and evidence of the granting of the EU approval of the subsidies according to
Section 5;
18.1.6 legal opinion of the law office O’Melveny & Myers LLP confirming that AMD Fab X is a “wholly-owned subsidiary” in the sense of the JDA.
18.1.7 signing of the General Contractor Contract with M+W Zander Facility Engineering GmbH; and
18.1.8 the approval of the supervisory boards of Jenoptik AG and of M+W Zander Holding AG by December 15, 2003.
18.2 If the conditions set out in Sections 18.1.2 and 18.1.5 are not satisfied in whole or in part, AMD is entitled, but not obligated, to take over such portion
of the financing which is missing as a result thereof. In this event, the relevant condition shall be deemed to be satisfied. If the conditions stated in
Section 18.1 have not been satisfied by December 31, 2004, even in consideration of Section 18.2, any later occurrence of the conditions shall be
excluded.
§ 19 Duration and Termination
19.1 This Agreement is effected for an indefinite period of time, but at least until December 31, 2015.
19.2 If the project is ended in accordance with Section 5.2, AMD shall have the right to terminate this Cooperation Agreement.
19.3 If any Party is behind schedule with the performance of a material obligation under this Agreement, performance of the relevant obligation may be
demanded by one of the other Parties in writing provided such Party has substantially performed its respective obligations and undertakings under this
Agreement and the Appendices. If the obligation is not performed within 30 calendar days thereafter, the said other Party may terminate this
Agreement by notice in writing. If the principal obligation in respect of which the contracting party is in default is also an obligation pursuant to the
Limited Partnership Agreement, only the provisions of the Limited Partnership Agreement shall apply.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005