AMD 2006 Annual Report Download - page 198

EXECUTION VERSION
faith effort to obtain a protective order requiring that the information and/or documents so disclosed be used only for the purposes for which the
order was issued;
7.4.2 otherwise required by law; or
7.4.3 reasonably necessary in order to establish the receiving Party’s rights, provided that such receiving Party shall provide the disclosing Party with
prior written notice, except notice shall not be required where the receiving Party is attempting to establish rights in a lawsuit under this Agreement
against the disclosing Party or is filing a patent under Section 11 of this Agreement.
7.5 Each Party shall have the right to disclose and sublicense as specified in Section 8 Specific Results and Pre-T0 Information (including High Sensitivity
Pre-T0 Information) to any of its Wholly Owned Subsidiaries and its Related Subsidiaries at any time; provided however, that such Wholly Owned
Subsidiaries and its Related Subsidiaries shall agree to be bound by substantially the same terms as are applicable to said Party in Sections 7.2, 7.3, and 7.4
and the survival of same pursuant to Section 12. Further, each Party may authorize its Wholly Owned Subsidiaries and its Related Subsidiaries to whom
such Party has disclosed Specific Results and Pre-T0 Information pursuant to this Section 7.5 to exercise some or all of its rights to disclose Specific
Results and Pre-T0 Information under and in accordance with Section 7.6.
7.6 Subject to provisions of this Section 7.6, AMD shall have the right to disclose the following portions of the Specific Results and Pre-T0 Information
(except for High Sensitivity Pre-T0 Information) to Third Parties, but solely for the purpose of enabling such party to assist AMD, in exercising the rights
granted to it hereunder:
7.6.1 specifications for masks, materials, chemicals, consumables and/or equipment to contractors or suppliers;
7.6.2 wafers and/or information to have equipment maintained; or
7.6.3 equipment lists and simple process flow information, excluding detailed process flow information or detailed process specifications, as necessary in
order to enable installation of a process in a fabrication facility or to design and construct a facility to practice such process; or
7.6.4 spice models, design-related data (netlists, GDS), device models, verification decks other than to Third Party contractors who design eDRAM or
Stand Alone Memory unless such contractor is providing such assistance in an AMD or IBM facility.
Such disclosures will not be made without a written agreement between the disclosing party and the recipient. Such written agreements shall be subject to
the following:
Third Amendment and Restatement of “S” Process Development Agreement between AMD and IBM
IBM - AMD Confidential Page 30 of 90
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2007