AMD 2004 Annual Report Download - page 422

until the due date therefor (whether known to the Lessee if such payment under Clause 1 of Article 9 has become due as a result of the payment of the total
loss insurance proceeds), the received amount shall be applied to the payment of such Stipulated Loss Value; provided that if there is any excess after such
application, the Lessor shall immediately return to the Lessee such excess after deducting any unpaid amount (including any default interests) due and
payable by the Lessee to the Lessor under the Related Agreements, and if there is any shortfall after such application, the Lessee shall not be released from
its obligations to pay the shortfall amount. In addition, if the Lessee has already made the payment of the Stipulated Loss Value at the time mentioned
above, the Lessor shall immediately return to the Lessee the remaining amount received by the Lessor as mentioned above after deducting any unpaid
amount (including any default interests) due and payable by the Lessee to the Lessor under the Related Agreements.
4 The Lessee shall bear, during the Lease Term, all risks of loss (including the Event of Total Loss) or damage to the Equipment or the Components and any
costs associated therewith.
5 If an Event of Total Loss occurs to any Unit and the Lessee pays the Stipulated Loss Value for such Unit and any other unpaid amount for such Unit or
Event of Total Loss, such Unit shall be excluded from the transaction under the Related Agreements and the Lessee shall thereafter have no obligations to
pay the Lease Rent payable for such Unit.
Article 10 (Indication of Ownership)
The Lessee shall, at its own responsibility and cost, affix a mark indicating that the Equipment is owned by the Lessor or other similar marks at the place
where the Equipment is installed and on each main Unit of the Equipment and on any Unit requested by the Lessor in the manner easily recognizable by
third parties.
Article 11 (Quiet Enjoyment)
So long as no Termination Event occurs, the Lessee shall be entitled to the quiet enjoyment of the Equipment and the Lessor shall not disturb such
enjoyment by the Lessee without any justifiable reason.
Article 12 (Installation and Use)
1 The Lessee shall, at its responsibility and cost, install the Equipment at its facilities located at 6 Mondenmachi Kougyodanchi,
Aizuwakamatsu-shi, Fukushima and 1-11 Aza Higashi Takaku, Oaza Takaku, Kouzashimachi, Aizuwakamatsu-shi, Fukushima in accordance
with the standards for and method of installation established by the Manufacturer and regulatory authorities and shall not relocate the
Equipment without the prior consent of the Lessor except for the relocation or movement of the Equipment between the two (2) facilities as
mentioned above, provided that the relocation or movement of the Equipment between the two (2) facilities as mentioned above shall be
permissible if the Lessee shall promptly give a prior or subsequent written notice to the Lessor and if the Lessor shall approve this without
delay. Any installation of the Equipment or any Unit outside Japan shall be permissible conditional upon the prior consent of the Lessor, the
compliance
10
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005