AMD 2004 Annual Report Download - page 423

with all the terms of this Agreement in respect of the Equipment or such Unit even outside Japan, no effect arising against the Lessor’s or the Lenders’
rights to the Equipment and rights under the Related Agreements, and the Lessee’s compliance with Japanese or U.S. export or re-export control laws and
regulations as an exporter.
2 The Lessee may, with the prior written consent of the Lessor, replace all or any of the Equipment with equipment that the Lessor deems to have equal
value or equal price; provided that in the case of such replacement, the Lessee shall cooperate with the Lessor, the Agent and the Investor to have such
replacing equipment consisting of the Equipment subject to the security assignment option under the Equipment Security Assignment Option Agreement.
3 The Lessee shall comply with all laws and regulations (including environmental law) applicable to the Equipment and its installation, use and operation
and, in all material respects, with the requirements, conditions and instructions of, and agreements with, the Manufacturer, the suppliers of the Components
or the insurance companies, and shall use the Equipment only for lawful purposes.
4 The Lessee shall, at its own responsibility and cost, prepare and keep records concerning the use and operation of the Equipment.
Article 13 (Possession and Sublease)
1 The Lessee shall not, without the prior consent of the Lessor, transfer the possession of, or sublease, the Equipment to a third party. Notwithstanding the
foregoing, the Lessee may, at its own responsibility and cost, without the Lessor’s consent, transfer the possession of the Equipment to the Manufacturer or
any qualified mechanics or repairmen for the purposes of repair or maintenance.
2 No transfer of possession or sublease under the immediately preceding clause shall affect any of the Lessee’s obligations hereunder. The terms, duration
and otherwise of the permitted transfer of possession or sublease shall be subject and subordinate to all of the provisions of this Agreement. No Tax and
Other Public Charges incurred by the Lessee as a result of such transfer of possession or sublease shall affect the Lease Rent or other terms of lease
hereunder. The Lessee shall, at its own responsibility and cost, take all reasonable measures (not limited to those specified in this Agreement) to ensure
that the Lessor and the Lenders shall retain and keep the existing benefit of any security interests given to them.
3 In the case of sublease, the Lessee shall have the Equipment insured under Article 19.
Article 14 (Maintenance)
1 The Lessee shall, at its own responsibility and cost, maintain the Equipment in a safe condition at all times.
2 The Lessee shall, at its own responsibility and cost, repair and maintain the Equipment in compliance with the relevant laws and regulations, in compliance
with the method approved or recommended by the Manufacturer or the suppliers of the Components, and at least in compliance with the
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005