AMD 2006 Annual Report Download - page 184

EXECUTION VERSION
facilities, IBM agrees to provide reasonable telephonic, videoconference or email support through its Technical Coordinator to address such questions
during normal business hours. Each Party shall be solely responsible for obtaining any and all regulatory approvals as may be required to utilize Specific
Results at its facilities, and shall be solely responsible for the cost of equipment and consumables as may be required to utilize the Specific Results at its
facilities.
3.6 Without liability to the other Parties for breach hereof, to the extent known by a Party disclosing information for use in any Process Development Project,
prior to such disclosure, such disclosing Party agrees to promptly notify the other Parties of any limitations on the uses of such information, whether such
use would violate or whether such information is protected by any copyright or mask work or similar right of any Third Party. Upon such notification, the
Parties may agree to accept such information into the Process Development Project subject to such limitations. Upon the failure to make such notification,
or if any such limitation arises after disclosure by the disclosing Party, then the Parties shall attempt to work together to find a mutually agreeable solution.
Each Party further agrees to use reasonable efforts to ensure that it will not design or develop the Process Development Projects in such a way that requires
the use of any Third Party confidential information, which is not available to the other Parties for their use as aforesaid. Each Party further agrees to use
reasonable efforts to ensure that it will not disclose to the other Parties any information considered confidential by it or by any Third Party which
information does not relate to the Process Development Projects.
3.7 To the extent that either Party enters into a development agreement with its equipment, design, and materials suppliers and elects to disclose the results of
any such development to the other Party as Background Know-How under a Process Development Project or Pre-T0 Activity, and to the extent the
disclosing Party has the right to do so, the disclosing Party agrees to notify the other Party of such development agreement. Furthermore, the disclosing
Party will consent to include a reasonable number of Representatives of the other Party in technical discussions with each such supplier. The Parties will
use reasonable efforts to accommodate such technical discussions at either Party’s facilities or via teleconference. Any additional information generated at
such meetings shall be the Background Know-How of the Party who has entered into such development agreement.
3.8 Bump Technology.
3.8.1 The Parties agree that all terms and conditions of the “C-4 Agreements” shall continue in full force and effect, and shall not be superseded
by this Agreement. For purposes of this Agreement, the “C-4 Agreements” shall mean collectively (1) the C-4 Plating Technology
Transfer and Licensing Agreement between AMD and IBM having a last signature date of April 29, 1999; (2) the C-4 Tighter Pitch
Workshop Agreement between AMD and IBM having a last signature date of March 23, 2001; (3) the C-4 Technical Assistance and Short
Loop Support Agreement between AMD and IBM having a last signature date of July 16, 2001; and (4) the Letter Agreement having a
signature date of September 13, 2004.
Third Amendment and Restatement of “S” Process Development Agreement between AMD and IBM
IBM - AMD Confidential Page 16 of 90
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2007