AMD 2004 Annual Report Download - page 428

3 Unless otherwise expressly provided herein, the following expenses for the performance of obligations or the consummation of transactions under the
Related Agreements shall be borne as follows:
(1) the banking fees for the payment under Article 7, etc. shall be borne by the Lessee;
(2) the expense for the exercise of purchase option or the return by the Lessee of the Equipment including the attorney’s fees shall be borne by the
Lessee; and
(3) the expense attributable to the occurrence of the Event of Default including the attorney’s fees shall be borne by the Lessee.
4 Unless otherwise expressly provided herein, the Tax and Other Public Charges in respect of the Related Agreements shall be paid as follows:
(1) the stamp duty imposed on the preparation of the Related Agreements shall be paid by the Lessee;
(2) any consumption tax imposed on the payment of the purchase prices or the Lease Rent under the Related Agreements shall be paid by the party
which makes such payment to the other in addition to the relevant amount unless otherwise agreed upon between the parties hereto; provided,
however, that the foregoing shall not apply in the case that any of the parties hereto shall be exempted from the consumption tax pursuant to the
relevant consumption tax laws and regulations; and
(3) the real property tax imposed on the Equipment shall be paid by the party which is the taxpayer under the relevant laws and regulations; provided
that if the Lessor shall pay such tax (whether or not such tax becomes due and payable by the Lessor before the Lease Term Expiration Date), the
Lessee shall pay to the Lessor the amount equal to such real property tax.
5 Any payment of the Tax and Other Public Charges for which the Lessee indemnifies the Indemnitees or pays under this Article 22 shall be made on a net
after tax basis.
6 If the interest rate for the loan is raised or any increased cost is required under the Loan Agreement, the Lessor may raise the Lease Rent or claim the
Lessee for such increased cost, in which case, the respective amount of the Purchase Option Exercise Price and the Stipulated Loss Value shall be
recalculated.
7 If the Tax and Other Public Charges and other expenses payable by the Lessee under the Related Agreements are paid or advanced by the Lessor, the
Lessee shall pay promptly on demand by the Lessor the amount so paid or advanced and the interest thereon from such payment date calculated pursuant
to Article 27; provided that the Lessor shall notify the Lessee promptly upon such payment or advance.
Article 23 (Renewal of Lease Term)
The lease of the Equipment hereunder may be renewed as of the Lease Term Expiration Date only if the Lessor, the Lessee, the Agent and the Investor
agree upon the period and the conditions for renewal no later than at least six months prior to the Lease Term Expiration Date.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005