AMD 2004 Annual Report Download - page 425

Lessor and shall be leased by the Lessor to the Lessee hereunder. The Components removed from the Equipment shall become subject to the ownership of
the Lessee simultaneously with the transfer of the ownership of the alternative Components to Lessor. However, the replaced or removed Components
which are not replaced with the comparable parts shall remain subject to the ownership of the Lessor and subject to this Agreement, wherever they are
located.
2 The Lessee may, with a written notice to the Lessor, reserve its ownership of any parts attached to the Equipment by the Lessee pursuant to Article 14 or
15 not for replacement of the Components but for an addition after the delivery to the Lessee of such Equipment under Article 4 which may be removed
from the Equipment without diminishing the Performance, Etc. of the Equipment; provided, however, that the Lessor may deem such parts as Components
for the purposes of Clause 3, 4 and 6 of Article 26 and in foreclosing the security interest under the Equipment Security Assignment Option Agreement.
Article 17 (Inspection)
1 The Lessor may, with the prior notice to the Lessee, enter the offices, plants, facilities and other premises of the Lessee and inspect the condition,
installation, use, operation, custody, repair, maintenance, etc. of the Equipment and the Components; provided, however, in the case of such inspection, the
Lessor shall not disturb the Lessee’s normal business operations and shall comply with the restrictions of confidentiality, security and safety imposed by
the Lessee.
2 In the case of sublease of the Equipment under Clause 1 of Article 13, the Lessee shall make the sublessee acknowledge the same rights of the Lessor
against the sublessee as those of the Lessor against the Lessee under the immediately preceding clause. In such case, the Lessor shall comply with the same
obligations for the sublessee under the proviso in the immediately preceding clause.
Article 18 (Encumbrances, Etc.)
1 The Lessee shall not create, approve or cause to exist any Encumbrances, Etc. on the Equipment, the Unit, the Components or any rights or interest to or in
this Agreement except for: (a) the respective rights of the Lessor and the Lessee as set forth in this Agreement; (b) employees’, mechanics’, repairmen’s
liens and other similar security interests which arise in the Lessee’s ordinary course of business, the payment for which is not due and the foreclosure of
which on the relevant equipment is not imminent; and (c) the Encumbrances, Etc. arising from the rights of the Lessor, the Lenders, the Agent and their
respective successors and permitted assigns under the Related Agreements (including the various types of loan and security agreements contemplated
thereby).
2 The Lessee shall, at its own responsibility and cost, duly discharge any Encumbrances, Etc. not excluded in the proviso of the immediately preceding
clause.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005