AMD 2006 Annual Report Download - page 219

EXECUTION VERSION
Agreement then the other Party agrees that the permission to assign to such Related Subsidiary or Wholly Owned Subsidiary shall not be unreasonably
withheld. Any attempted such assignment without such permission shall be null and void.
18.7 No actions, regardless of form, arising out of this Agreement, except for non-payment actions or intellectual property actions, may be brought by either
Party more than two (2) years after the cause of action has arisen.
18.8 Each Party shall be responsible for compliance with all applicable laws, regulations and ordinances. In addition, no Party and none of its agents or
employees acting on behalf of said Party will export or re-export any confidential information of the other Party, or any process, product or service that is
produced as a result of the use of such confidential information, to any country specified in the applicable laws and regulations of the United States as a
prohibited destination, without first obtaining the relevant government’s approval, if required. As of the Effective Date the countries and nationals
excluded for Specific Results and Proprietary Tools under the United States export laws and regulations are: Cuba, Iran, Iraq, Libya, North Korea, Sudan,
and Syria.
18.9 All monetary amounts specified herein are in lawful money of the United States of America. Any action required herein to be taken by a specified calendar
month shall be taken by the last day of said month.
18.10 Neither this Agreement nor any activities hereunder shall impair any right of any Party to design, develop, manufacture, sell, market, service, or otherwise
deal in, directly or indirectly, manufacturing processes, products or services developed by such Party completely independent of this Agreement, including
those which are competitive with those offered by any Party. Subject to the confidentiality and license limitations set forth in this Agreement, each Party
may pursue activities independently with any Third Party even if similar to the activities under this Agreement.
18.11 Each Party is an independent contractor and not an agent, employee or fiduciary of any other Party for any purpose whatsoever. No Party shall make any
warranties or representations on any other’s behalf, nor shall it assume or create any other obligations on any other’s behalf. Nothing herein shall be taken
to constitute a partnership or joint venture between or among the Parties hereto.
18.12 Press releases and other like publicity or advertising relating to this Agreement and/or which mentions the other Party by name shall be agreed upon by the
Parties in writing prior to any release, such agreement not to be unreasonably withheld.
18.13 If any section or subsection of this Agreement is found by competent judicial authority to be invalid, illegal or unenforceable in any respect, the validity,
legality and enforceability of any such section or subsection in every other respect and the remainder of the terms of this Agreement shall continue in
effect so long as the amended Agreement still expresses the intent of the Parties. If the intent of the Parties cannot be preserved, the Agreement shall be
renegotiated with the Parties substituting for any invalid or unenforceable
Third Amendment and Restatement of “S” Process Development Agreement between AMD and IBM
IBM - AMD Confidential Page 51 of 90
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2007