AMD 2004 Annual Report Download - page 420

advance the relevant Lease Rent, as well as the consumption tax thereon on the case such Lease Rent should be subject to the consumption tax, by 11:00
a.m. of the relevant Lease Rent Payment Date. In each Individual Transaction, the payment of the relevant Lease Rent payable on the first Lease Rent
Payment Date shall be set off against the Purchase Price payable to the Lessee under the Purchase Agreement on the same date.
2 In case that the Lessee pays the Lease Rent under the immediately preceding clause by the wire transfer, etc., the Lessee shall not be liable for the delay in
remittance or nonpayment thereof caused by any troubles in the electronic settlement system of financial institutions, etc. if it is apparent that such delay or
nonpayment is not attributable to the Lessee by the Lessee’s presentation of the transmission records, etc. evidencing that the relevant amount could
reasonably arrive on or prior to the due date therefor.
3 If the due date of the payment for each Individual Transaction by Lessee hereunder is not a Bank Business Day, the Lessee shall pay the Lease Rent, the
Stipulated Loss Value and the Purchase Option Exercise Price on the immediately preceding Bank Business Day with the adjustment of the amount paid,
and shall pay other amounts on the immediately following Bank Business Day without the adjustment of the amount paid.
4 All amounts payable by the Lessee hereunder shall be paid in the method set forth in Clause 9 of Schedule 2 unless otherwise agreed upon between the
parties.
5 The amount payable by the Lessee to the Lessor hereunder shall be paid in full without any deduction, set-off or defense regardless of the existence of
defect in the Performance, Etc. of the Equipment, the existence of the Encumbrances, Etc. to the Equipment, the existence of infringement to the use of the
Equipment, the bankruptcy of the related parties or any other reason whatever. If the Lessee is required by law to make any withholding from such
payment, the Lessee shall pay such additional amounts as may be necessary to ensure that the amount received after such withholding is equal to the full
amount which the recipient would have received if no such withholding is required.
6 In the case of termination of the lease hereunder for each Individual Transaction on a day other than the Lease Rent Payment Date due to the occurrence of
an Event of Total Loss to the Equipment or the Unit, the occurrence of a Termination Event, the exercise of a purchase option or return option by the
Lessee, or any other reason whatever (excluding the termination due to a reason attributable to the Lessor), the Lessee shall pay to the Lessor the Break
Funding Cost on the relevant termination date, provided that in the case of the occurrence of an Event of Total Loss, the Clause 1 of Article 9 shall be
applied.
7 If the amount actually paid by the Lessee falls short of the total amount of the liabilities due and payable by the Lessee to the Lessor hereunder, the Lessor
may, at its discretion, specify the order of priority and the method of appropriation thereof.
Article 8 (Disclaimer of Warranties)
1 The Lessor shall lease the Equipment to the Lessee on an “as-is, where-is”, and shall neither make any guarantee, express or implied, as to the Equipment
nor bear any warranty liability in respect of any defects, whether
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005