AMD 2006 Annual Report Download - page 221

EXECUTION VERSION
18.15 This Agreement will not be binding upon the Parties until it has been signed herein below by or on behalf of each Party in which event it shall be effective
as of the date first above written. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and shall
supersede all previous communications, representations, understandings and agreements, whether oral or written, made in the course of discussions and/or
negotiations between the Parties or any officer or representative thereof with respect to the subject matter of this Agreement. No amendment or
modification of this Agreement shall be valid or binding upon the Parties unless made in writing and signed on behalf of each of such Parties by their
respective representatives thereunto duly authorized. The requirement of written form may only be waived in writing.
18.16 This Agreement may be executed in two (2) counterparts, each of which shall be deemed an original, but each of which together shall constitute one and
the same agreement. Fax or scanned signatures will have the same legal effect as original signatures.
18.17 Other contractual documents signed between AMD and IBM that refer to the Second Amendment and Restatement of the “S” Process Development
Agreement (Effective as of December 28, 2002) are agreed hereby to refer, after execution hereof, to this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date.
Advanced Micro Devices, Inc. International Business Machines Corporation
By: /s/ Hector Ruiz By: /s/ Adalio Sanchez
Name: Hector Ruiz Name: Adalio Sanchez
Title: CEO Title: General Manager,
Technology Collaboration Solutions
Date: 12/15/06 Date: 12/15/06
Third Amendment and Restatement of “S” Process Development Agreement between AMD and IBM
IBM - AMD Confidential Page 53 of 90
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2007